SUPREME COURT OF CANADA

Citation: R. v. Hotte, [2006] 1 S.C.R. 379, 2006 SCC 8

Date: 20060317

Docket: 31029

Between:

Jocelyn Hotte Appellant

and

Her Majesty The Queen Respondent

Official English Translation

Coram: McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Abella and Charron JJ.

Reasons for judgment: (para. 1)

McLachlin C.J. (Bastarache, Binnie, LeBel, Deschamps, Abella and Charron JJ. concurring)

R. v. Hotte, [2006] 1 S.C.R. 379, 2006 SCC 8

Jocelyn Hotte Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Hotte

Neutral citation: 2006 SCC 8.

File No.: 31029.

2006: March 17.

Present: McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Abella and Charron JJ.

on appeal from the court of appeal for quebec

Criminal law — Defences — Mental disorder automatism — Defence properly not put to jury.

Criminal law — Trial — Charge to jury — Expert testimony — Trial judge’s summary of expert testimony — Summary partially wrong but not distorting expert’s testimony.

Criminal law — Trial — Charge to jury — Criminal harassment — Mens rea — Trial judge’s charge appropriate as regards impact of depression of accused on issue of his intent to harass victim at time of homicide.

APPEAL from a judgment of the Quebec Court of Appeal (Beauregard, Mailhot and Doyon JJ.A.) [2005] Q.J. No. 8204 (QL), J.E. 2005‑1332, 2005 QCCA 625, upholding the accused’s convictions for first degree murder and on three counts of attempted murder. Appeal dismissed.

Anne‑Marie Lanctôt, Nellie Benoit and Johanne St‑Gelais, for the appellant.

Louis Bouthillier and Carole Lebeuf, for the respondent.

English version of the judgment of the Court delivered orally by

[1] The Chief Justice — It will not be necessary to hear from you Mr. Bouthillier. The appeal is dismissed for the reasons given by Doyon J.A. for the majority of the Court of Appeal.

Judgment accordingly.

Solicitor for the appellant: Nellie Benoit, Montréal.

Solicitor for the respondent: Carole Lebeuf, Montréal.