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R. v. Levasseur, [1994] 3 S.C.R. 518


Jocelyn Levasseur                                                                             Appellant




Her Majesty The Queen                                                                   Respondent


Indexed as:  R. v. Levasseur


File No.:  24072.


1994:  October 7.


Present:  Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Cory, McLachlin and Major JJ.


on appeal from the court of appeal for quebec


                   Criminal law ‑‑ Charge to jury ‑‑ Reasonable doubt ‑‑ Credibility ‑‑ Crown's case hinging on testimony of accomplice ‑‑ Accused denying participating in killing ‑‑ Trial turning on credibility of accused and of accomplice ‑‑ Whether trial judge erred in not instructing jury on application of reasonable doubt to issue of credibility in charge or in response to jury's questions.


                   APPEAL from a judgment of the Quebec Court of Appeal, [1994] R.J.Q. 653, 89 C.C.C. (3d) 508, dismissing an appeal from conviction by Martin J. sitting with jury.  Appeal allowed, L'Heureux‑Dubé J. dissenting.


                   Ivan Lerner, for the appellant.


                   Pierre Sauvé, for the respondent.


                   English version of the judgment of the Court delivered orally by


                   Lamer C.J. ‑‑ A majority of us would allow the appeal for the reasons given by Fish J.A. of the Quebec Court of Appeal.  Justice L'Heureux‑Dubé, dissenting, would have dismissed the appeal, being of the view that the judge's charge to the jury did not contain any error such as would deprive the appellant of a fair and equitable trial.  The appeal is allowed and a new trial is ordered.


                   Judgment accordingly.


                   Solicitor for the appellant:  Ivan Lerner, Montréal.


                   Solicitor for the respondent:  The Attorney General of Quebec, Montréal.



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