R. v. Royer, [1996] 2 S.C.R. 169

Alton William Royer Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Royer

File No.: 24640.

1996: May 29.

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

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO

Criminal law -- Defences -- Intoxication -- Charge to jury -- Alleged failure to relate effects of intoxication to common sense inference not occasioning miscarriage of justice.

Evidence -- Witnesses -- Re-examination -- Any error resulting from reexamination not occasioning miscarriage of justice.

APPEAL from a judgment of the Ontario Court of Appeal (1995), 1995 1174 (ON CA), 77 O.A.C. 309, dismissing an appeal from conviction by Chilcott J. sitting with jury. Appeal dismissed.

Rosalind E. Conway, for the appellant.

David Butt, for the respondent.

The judgment of the Court was delivered orally by

[1] Cory J. -- Looking at the charge as a whole we can find no error of any significance in the careful instructions given by the trial judge to the jury. On the other issues, particularly as to the Crown’s reexamination of the complainant on the fifth statement given by her, we are in agreement with the reasons expressed by the Ontario Court of Appeal (1995), 1995 1174 (ON CA), 77 O.A.C. 309. Any error resulting from this reexamination of the complainant did not occasion any miscarriage of justice.

22 As to the alleged failure to relate the effects of intoxication specifically to the common sense inference if it occurred it did not occasion a miscarriage of justice. The appeal is therefore dismissed.

Judgment accordingly.

Solicitor for the appellant: Rosalind E. Conway, Ottawa.

Solicitor for the respondent: The Ministry of the Attorney General, Toronto.