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R. v. Kong

2006 SCC 40 [2006] 2 SCR 347 Court SCC Decision date 2006-09-08 Docket 31238 English

PartiesVuthy Kong Appellant·Her Majesty the Queen Respondent

Judges Bastarache, Michel; Binnie, William Ian Corneil; Fish, Morris J.; Abella, Rosalie Silberman; Charron, Louise

Delivered by Bastarache J. (Binnie, Fish, Abella and Charron JJ. concurring)

On appeal from Alberta

Subjects Criminal law

Contents

Reasons for Judgment — Bastarache J. (Binnie, Fish, Abella and Charron JJ. concurring)

BASTARACHE J. — This appeal comes to us as of right on the question of whether the defence of self-defence under s. 34(1) of the Criminal Code , R.S.C. 1985, c. C-46 , ought to have been put to the jury for its consideration. We agree with the conclusion reached by Wittmann J.A. in his dissenting opinion on this point ((2005), 53 Alta. L.R. (4th) 25, 2005 ABCA 255). Accordingly, the appeal is allowed and a new trial is ordered on the charge of manslaughter.

Cases cited

Statutes and regulations cited