R. v. Fisher, [1991] 1 S.C.R. 902

Larry Brian Fisher Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Fisher

File No.: 21551.

1991: May 1.

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

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA

Criminal law ‑‑ Defences ‑‑ Charge of first degree murder ‑‑ Whether trial judge erred in not adequately placing defence's theory to jury.

APPEAL from a judgment of the Manitoba Court of Appeal (1989), 1989 7421 (MB CA), 59 Man. R. (2d) 58, dismissing the accused's appeal from his conviction on a charge of first degree murder. Appeal dismissed, Lamer C.J. dissenting.

Michael Phelan, for the appellant.

Richard A. Saull, for the respondent.

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ This appeal comes to us as of right.

We are in substantial agreement, the Chief Justice dissenting, with the majority of the Court of Appeal. We would, therefore, dismiss the appeal. The Chief Justice would allow the appeal and order a new trial on the charge of first degree murder.

The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Osler, Hoskin & Harcourt, Ottawa.

Solicitor for the respondent: The Attorney General of Manitoba, Winnipeg.