R. v. Bablitz, [1997] 3 S.C.R. 1005

Emma Nieto Bablitz Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Bablitz

File No.: 25239.

1997: November 14.

Present: L’Heureux‑Dubé, Gonthier, Cory, McLachlin and Major JJ.

on appeal from the court of appeal for alberta

Criminal law -- Evidence -- First degree murder -- Planning and deliberation -- Court of Appeal not erring in upholding jury charge on evidence of planning and deliberation.

APPEAL from a judgment of the Alberta Court of Appeal, [1996] A.J. No. 215 (QL), dismissing the accused’s appeal from her conviction of first degree murder. Appeal dismissed.

Richard A. Stroppel, Q.C., for the appellant.

Ken Tjosvold, for the respondent.

The judgment of the Court was delivered orally by

[1] L’Heureux-Dubé J. -- This is an appeal as of right. On the sole issue before us, we are in agreement with the reasons of the majority of the Court of Appeal and, consequently, we would dismiss the appeal. Accordingly, it is not necessary to deal with the Crown’s motion to quash.

Judgment accordingly.

Solicitors for the appellant: Brimacombe, Stroppel, Finlayson, Edmonton.

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