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R. v. Fisher, [1991] 1 S.C.R. 902

 

Larry Brian Fisher                                                                             Appellant

 

v.

 

Her Majesty The Queen                                                                   Respondent

 

Indexed as:  R. v. Fisher

 

File No.:  21551.

 

1991:  May 1.

 


Present:  Lamer C.J. and L'Heureux‑Dubé, Gonthier, Stevenson and Iacobucci JJ.

 

on appeal from the court of appeal for manitoba

 

                   Criminal law ‑‑ Defences ‑‑ Charge of first degree murder ‑‑ Whether trial judge erred in not adequately placing defence's theory to jury.

 

                   APPEAL from a judgment of the Manitoba Court of Appeal (1989), 59 Man. R. (2d) 58, dismissing the accused's appeal from his conviction on a charge of first degree murder.  Appeal dismissed, Lamer C.J. dissenting.

 

                   Michael Phelan, for the appellant.

 

                   Richard A. Saull, for the respondent.

 

                   The judgment of the Court was delivered orally by

 

                   Lamer C.J. ‑‑ This appeal comes to us as of right.

 

                   We are in substantial agreement, the Chief Justice dissenting, with the majority of the Court of Appeal.  We would, therefore, dismiss the appeal.  The Chief Justice would allow the appeal and order a new trial on the charge of first degree murder.

 

                   The appeal is dismissed.

 

                   Judgment accordingly.

 

                   Solicitors for the appellant:  Osler, Hoskin & Harcourt, Ottawa.

 

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

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