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R. v. Newman

2016 SCC 7 [2016] 1 SCR 27 Court SCC Decision date 2016-02-26 Heard 2016-02-25 Docket 36524 English

PartiesHer Majesty The Queen Appellant·Michael Bruce Newman Respondent

Counsel (2)
Solicitor for the appellant: Attorney General of British Columbia, Vancouver.
Solicitors for the respondent: Fowler and Smith, Vancouver.

Judges McLachlin, Beverley; Abella, Rosalie Silberman; Cromwell, Thomas Albert; Moldaver, Michael J.; Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément

Delivered by The Court

On appeal from British Columbia

Contents

Reasons for Judgment — The Court

The Court — This is an appeal as of right. We are of the view that the appeal should be allowed. On the evidence, it was open to the trial judge to conclude that the act of forcible or unlawful confinement, which occurred when the respondent prevented the victim from escaping through the front door of the apartment, was distinct and independent.
The trial judge’s conviction for first degree murder is reinstated.