R. v. Labonté, [1996] 2 S.C.R. 167

Alain Labonté Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Labonté

File No.: 24768.

1996: May 28.

Present: Lamer C.J. and La Forest, L’Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Trial ‑‑ Charge to jury ‑‑ Trial judge giving inadequate instructions concerning complicity as alternative basis for accused’s guilt -- Court of Appeal ordering new trial on robbery charge ‑‑ Court of Appeal’s judgment upheld.

Statutes and Regulations Cited

Criminal Code, R.S.C., 1985, c. C‑46, s. 21(1).

APPEAL from a judgment of the Quebec Court of Appeal (1995), 68 Q.A.C. 225, allowing the Crowns appeal from the accuseds acquittal in part and ordering a new trial on the charge of robbery. Appeal dismissed.

Michel LeBrun and Sylvie Roy, for the appellant.

Jean‑François Royer and Jacques Gauvin, for the respondent.

English version of the judgment of the Court delivered orally by

[1] The Chief Justice ‑‑ The evidence at trial concerning the charge of robbery provided a basis for two theories, guilt based on the direct commission of the crime and guilt based on being a party pursuant to s. 21(1) of the Criminal Code. Both the Crown and the defence wished the judge to instruct the jury on complicity as an alternative basis for the appellant`s guilt. The judge did not do so, or at least did so inadequately.

[2] This error warrants the ordering of a new trial. The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Godin, Saint‑Amant & LeBrun, Trois‑Rivières; Roy & Bergeron, Trois‑Rivières.

Solicitor for the respondent: Jean‑François Royer, Victoriaville.