R. v. Richardson, [1994] 1 S.C.R. 155

Viateur Richardson Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Richardson

File No.: 23413.

1994: February 4.

Present: Lamer C.J. and La Forest, Sopinka, Iacobucci and Major JJ.

on appeal from the court of appeal for new brunswick

Criminal law ‑‑ First degree murder ‑‑ Charge to jury.

Statutes and Regulations Cited

Criminal Code, R.S.C., 1985, c. C‑46, s. 231(3) [am. c. 27 (1st Supp.), s. 7(2)(b)].

APPEAL from a judgment of the New Brunswick Court of Appeal (1993), 1993 CanLII 5354 (NB CA), 132 N.B.R. (2d) 375, 337 A.P.R. 375, dismissing the accused's appeal from his conviction for first degree murder. Appeal dismissed.

Ronald Godin, for the appellant.

Graham J. Sleeth, Q.C., for the respondent.

English version of the judgment of the Court delivered orally by

Lamer C.J. ‑‑ We are all of the view that the judge's charge to the jury, although open to criticism, essentially succeeded in making clear to them the applicable law, the relevant facts, and the theory of the Crown and of the defence so that we can conclude that the accused had a fair and equitable trial. The judge erred in treating s. 231(3) as though it were an independent offence. In view of the particular circumstances of the case, however, this error is of no consequence and could not have had any impact on the jury's deliberations.

This appeal as of right is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Robichaud, Godin, Williamson, Theriault & Johnstone, Bathurst, New Brunswick.

Solicitor for the respondent: The Department of Justice, Fredericton.