Supreme Court of Canada
Cooper v. The Queen, [1983] 1 S.C.R. 240
Date: 1983-02-08
George Herbert Cooper Appellant;
and
Her Majesty The Queen Respondent.
File No.: 16881.
1983: February 8.
Present: Laskin C.J., Ritchie, Dickson, Beetz, Estey, Mclntyre and Chouinard JJ.
ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA, APPEAL DIVISION
Criminal law—Second degree murder—Charge to jury—Errors—Whether section 613(1)(b)(iii) applicable—New trial ordered—Criminal Code, R.S.C. 1970, c. C-34, s. 613(1)(b)(iii).
APPEAL from a judgment of the Supreme Court of Nova Scotia, Appeal Division (1981), 1981 3312 (NS CA), 49 N.S.R. (2d) 221, 96 A.P.R. 221, 65 C.C.C. (2d) 254, dismissing appellant’s appeal from his conviction for second degree murder. Appeal allowed.
L.W. Scaravelli and C.M. Garson, for the appellant.
Kenneth Fiske and Dana Giovannetti, for the respondent.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We are all of the opinion that the appeal should be allowed and a new trial ordered. We are in substantial agreement with the dissenting reasons of MacDonald J.A.
Judgment accordingly.
Solicitors for the appellant: L.W. Scaravelli & Associates, Halifax.
Solicitors for the respondent: Martin E. Herschorn and Kenneth W.F. Fiske, Halifax.