SUPREME COURT OF CANADA

Date : 20120412 Docket : 34517

Between:

Robert Joseph Kociuk

Appellant

and

Her Majesty The Queen

Respondent

Coram : McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Moldaver and Karakatsanis JJ.

Reasons for Judgment : (paras. 1)

McLachlin C.J. (LeBel, Fish, Abella, Rothstein, Moldaver and Karakatsanis JJ. concurring)

R. v . Kociuk , 2012 SCC 15, [2012] 1 S.C.R. 529

Robert Joseph Kociuk Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v . Kociuk

2012 SCC 15

File No.: 34517.

2012: April 12.

Present: McLachlin C.J. and LeBel, Fish, Abella, Rothstein, Moldaver and Karakatsanis JJ.

on appeal from the court of appeal for manitoba

Criminal law — Charge to jury — Murder while committing sexual assault — Trial judge adequately relating evidence to elements of the offence — Trial judge’s charge as a whole satisfactorily informing jury of relevant issues and theory of defence — Trial judge not required to put forward speculative fact scenarios of fanciful or far-fetched nature that were not raised by counsel.

APPEAL from a judgment of the Manitoba Court of Appeal (Hamilton, Chartier and Beard JJ.A.), 2011 MBCA 85 , 270 Man. R. (2d) 170, 524 W.A.C. 170, [2011] M.J. No. 340 (QL), 2011 CarswellMan 518, upholding the accused’s conviction for first degree murder. Appeal dismissed.

Leonard J. W. Tailleur , for the appellant.

Ami Kotler , for the respondent.

The judgment of the Court was delivered orally by

[ 1 ] The Chief Justice — We agree that the appeal should be dismissed for the reasons of the majority of the Court of Appeal of Manitoba.

Judgment accordingly.

Solicitor for the appellant: Legal Aid Manitoba, Winnipeg.

Solicitor for the respondent : Attorney General of Manitoba, Winnipeg.