Hyperlawhypertext legal database R. v. Rubio [1987] 2 SCR 688

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R. v. Rubio

[1987] 2 SCR 688 Court SCC Decision date 1987-12-11 Docket 19399 English

PartiesJean‑François Rubio Appellant·Her Majesty The Queen Respondent

Judges Beetz, Jean; Lamer, Antonio; Le Dain, Gerald Eric; La Forest, Gérard V.; L'Heureux-Dubé, Claire

Decision 4–1 Majority (4) · Beetz J. (1)

On appeal from Quebec

Subjects Criminal law

Contents

Majority

English version of the judgment of the Court delivered orally by

Beetz J.

1. Beetz J.‑‑In light of Schuldt v. The Queen, [1985] 2 S.C.R. 592, delivered after the judgment of the Quebec Court of Appeal;
2. And in light of the fact that, in any event, there is other evidence in the record that would also permit the jury to arrive at a verdict of manslaughter;
3. The appeal is allowed, the judgment of the Court of Appeal is set aside, the verdict of manslaughter is reinstated and the case is referred back to the Court of Appeal for determination of the appeal of the sentence.
Judgment accordingly.
Solicitors for the appellant: Chalifoux, Perras & Associés, Montréal.
Solicitor for the respondent: Gilles Lahaie, St‑Jérôme.

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