R. v. Bayard, [1989] 1 S.C.R. 425

Louis Pierre Bayard Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Bayard

File No.: 21096.

1989: March 22.

Present: Wilson, La Forest, Sopinka, Gonthier and Cory JJ.

on appeal from the court of appeal for british columbia

Criminal law -- Defence -- Charge to the jury -- Self-defence -- Judge's charge with respect to excessive force not in error.

APPEAL as of right from a judgment of the British Columbia Court of Appeal (1988), 1988 CanLII 2935 (BC CA), 29 B.C.L.R. (2d) 366, allowing an appeal from an acquittal of second degree murder and ordering a new trial. Appeal allowed.

Stanley J. Tessmer, for the appellant.

James T. McBride and Colin Sweeney, for the respondent.

The judgment of the Court was delivered orally by

Wilson J. -- The appeal is allowed substantially for the reasons given by Lambert J.A. in dissent in the British Columbia Court of Appeal and the acquittal is restored.

Judgment accordingly.

Solicitor for the appellant: Stanley J. Tessmer, Vancouver.

Solicitor for the respondent: The Ministry of the Attorney General of British Columbia, Vancouver.