Majority
English version of the judgment of the Court delivered orally by
DICKSON J.
DICKSON J.—Mr. Mélançon, we are all of the opinion that the error in the judge’s address to the jury as to the basic elements of murder is fatal to your appeal.
Consequently, we do not need to hear you on the other grounds raised by the defence before the Court of Appeal. We are all of the opinion that the Quebec Court of Appeal did not err in ordering a new trial.
The Crown’s appeal is dismissed.
Judgment accordingly.
Solicitor for the appellant: Claude Mélançon, Sherbrooke.
Solicitor for the respondent: François Gérin, Sherbrooke.
Footnotes
- [1] J.E. 82-1031; C.A. Mtl. No. 500-10-000428-803, September 9, 1982.