R. v. Sheridan, [1991] 2 S.C.R. 205

Gordon Alexander Sheridan Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Sheridan

File No.: 21912.

1991: June 18.

Present: L'Heureux‑Dubé, Cory, McLachlin, Stevenson and Iacobucci JJ.

on appeal from the court of appeal for alberta

Criminal law ‑‑ Defences ‑‑ Provocation ‑‑ Accused charged with first degree murder but convicted of manslaughter on basis that defence of provocation had been made out ‑‑ Majority of appeal court finding that subjective test for provocation not met and ordering new trial ‑‑ Appeal allowed.

APPEAL from a judgment of the Alberta Court of Appeal (1990), 1990 ABCA 92, 105 A.R. 122, 55 C.C.C. (3d) 313, allowing the Crown's appeal from the accused's acquittal by Cooke J. on a charge of first degree murder and ordering a new trial. Appeal allowed.

Brian A. Beresh and Marvin R. Bloos, for the appellant.

K. Tjosvold, for the respondent.

The judgment of the Court was delivered orally by

L'Heureux‑Dubé J. ‑‑ This appeal came to us as of right on account of a dissent on a point of law in the Court of Appeal.

We are all of the view to allow this appeal for the reasons of Mr. Justice Foisy, dissenting in the Court of Appeal.

The appeal is accordingly allowed and the verdict of the trial judge is restored.

Judgment accordingly.

Solicitors for the appellant: Beresh, DePoe, Cunningham, Edmonton.

Solicitor for the respondent: The Attorney General for Alberta, Edmonton.