R. v. Henley, [1991] 1 S.C.R. 116

Reginald Henley Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Henley

File No.: 21703.

1991: January 29.

Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, Gonthier, Cory, Stevenson and Iacobucci JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Murder ‑‑ Constructive murder ‑‑ Criminal Code provisions unconstitutional ‑‑ Appeal allowed and new trial ordered ‑‑ Criminal Code, R.S.C. 1970, c. C‑34, s. 213(a).

APPEAL from a judgment of the Quebec Court of Appeal, J.E. 89‑1484, dismissing the accused's appeal from his conviction on a charge of first degree murder. Appeal allowed and new trial ordered.

Richard Gaudreau, for the appellant.

Sylvie Roussel, for the respondent.

//Lamer C.J.//

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ By consent of the Crown, the appeal is allowed and a new trial ordered.

Judgment accordingly.

Solicitor for the appellant: Ivan Lerner, Montréal.

Solicitor for the respondent: Jacques Gauvin, Ste‑Foy.