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R. v. Francella, [1990] 2 S.C.R. 1420


Guisseppe Francella    Appellant




Her Majesty The Queen                                                                   Respondent


Indexed as:  R. v. Francella


File No.:  21237.


1990:  November 1; 1990:  November 8.


Present:  Wilson, Sopinka, Cory, McLachlin and Stevenson JJ.


on appeal from the court of appeal for ontario


                   Criminal law ‑‑ Murder ‑‑ First degree murder ‑‑ Murder during commission of other offences ‑‑ Husband holding wife at gunpoint for substantial period of time ‑‑ Wife shot when leaving house ‑‑ Whether murder took place during or after cessation of forcible confinement ‑‑ Whether trial judge erred in failing to instruct jury on this issue.


                   Held:  The appeal should be dismissed.


                   APPEAL from a judgment of the Ontario Court of Appeal (1988), 29 O.A.C. 342, 46 C.C.C. (3d) 93, dismissing the accused's appeal from his conviction on a charge of first degree murder contrary of s. 214(5)  of the Criminal Code .  Appeal dismissed.


                   Michael Code, for the appellant.


                   Jay L. Naster, for the respondent.


                   The judgment of the Court was delivered by


                   Wilson J. ‑‑ I am in agreement with the reasons expressed by the majority in the Court of Appeal (1988), 29 O.A.C. 342, 46 C.C.C. (3d) 93.  The appeal is therefore dismissed.


                   Appeal dismissed.


                   Solicitors for the appellant:  Ruby & Edwardh, Toronto.


                   Solicitor for the respondent:  The Attorney General for Ontario, Toronto.



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