R. v. Richer, [1994] 2 S.C.R. 486

Roger Jan Richer Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Richer

File No.: 23812.

1994: June 17.

Present: Sopinka, Gonthier, Cory, Iacobucci and Major JJ.

on appeal from the court of appeal for alberta

Criminal law ‑‑ First degree murder ‑‑ Charge to jury ‑‑ Charge as a whole not containing errors which would have misdirected jury ‑‑ Conviction upheld.

APPEAL from a judgment of the Alberta Court of Appeal (1993), 1993 CanLII 14676 (AB CA), 141 A.R. 116, 46 W.A.C. 116, 82 C.C.C. (3d) 385, dismissing the accused's appeal from his conviction on a charge of first degree murder. Appeal dismissed.

Noel C. O'Brien, Q.C., for the appellant.

Ken Tjosvold, for the respondent.

The judgment of the Court was delivered orally by

Major J. ‑‑ This is an appeal as of right from a decision of the Alberta Court of Appeal delivered on June 24, 1993.

We agree with the majority of the Court of Appeal that the charge to the jury read in its entirety did not contain errors, the effect of which would have misdirected the jury.

There was evidence upon which a jury properly instructed, acting reasonably, could come to the conclusion they did.

In the result the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: O'Brien Devlin Markey MacLeod, Calgary.

Solicitor for the respondent: Ken Tjosvold, Edmonton.