R. v. McConnell, [1996] 1 S.C.R. 1075

Lorne McConnell and Peter Letendre Appellants

v.

Her Majesty The Queen Respondent

Indexed as: R. v. McConnell

File No.: 24779.

1996: April 30.

Present: La Forest, Sopinka, Gonthier, McLachlin and Major JJ.

on appeal from the court of appeal for alberta

Criminal law -- Murder and manslaughter -- Self-defence and defence of others -- Verbal threat made to inmate -- Apprehension of death or grievous bodily harm -- Inmate enlisting help of another -- Whether apprehension must be immediate -- Whether trial judge failed to instruct jury on defence of another.

APPEAL from a judgment of the Alberta Court of Appeal (1995), 1995 ABCA 291, 32 Alta. L.R. (3d) 1, 169 A.R. 321, 97 W.A.C. 321, dismissing appeals from convictions by Sulatycky J. sitting with jury of Lorne McConnell of second degree murder and of Peter Letendre of manslaughter. Appeal allowed.

Charles R. Darwent, for the appellant Lorne McConnell.

A. Clayton Rice, for the appellant Peter Letendre.

Paul L. Moreau, for the respondent.

The judgment of the Court was delivered orally by

[1] La Forest J.-- In this appeal as of right, we are all of the view that the appeal should be allowed substantially for the reasons of the dissenting judge, Conrad J.A., in the Court of Appeal (1995), 1995 ABCA 291, 32 Alta. L.R. (3d) 1.

[2] Accordingly, the appeal is allowed, the judgment of the Court of Appeal of Alberta and the convictions are set aside, and a new trial is ordered.

Solicitor for the appellant Lorne McConnell: Charles R. Darwent, Calgary.

Solicitors for the appellant Peter Letendre: Gainer & Rice, Calgary.

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