R. v. Leblanc, [1989] 1 S.C.R. 1583

Her Majesty The Queen Appellant

v.

Ronald LeBlanc Respondent

Indexed as: R. v. Leblanc

File No.: 21144.

1989: June 13.

Present: Dickson C.J. and Lamer, Wilson, La Forest, Sopinka, Gonthier and Cory JJ.

on appeal from the court of appeal for new brunswick

Criminal law ‑‑ Trial procedure ‑‑ Uttering a threat ‑‑ Charge to the jury ‑‑ Whether the Court of Appeal erred in determining what the trial judge's charge to the jury was insufficient in law.

APPEAL as of right from a judgment of the New Brunswick Court of Appeal (1988), 1988 CanLII 131 (NB CA), 90 N.B.R. (2d) 63, 44 C.C.C. (3d) 18, 66 C.R. (3d) 134, allowing an appeal from a conviction of uttering threats. Appeal allowed.

Graham J. Sleeth, for the appellant.

Steven M. Hutchinson, for the respondent.

The judgment of the Court was delivered orally by

The Chief Justice ‑‑ We find no error in the trial judge's charge to the jury and accordingly allow the appeal, set aside the acquittal, and restore the conviction by the jury.

Judgment accordingly.

Solicitor for the appellant: Office of the Attorney General, Fredericton.

Solicitors for the respondent: Delaney & Hutchinson, Campbellton.