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Home > SCC Decision: December 13, 2007

SCC Decision: December 13, 2007

Thu, 2007-12-13 10:26 — Andrew Pilliar
Taxonomy upgrade extras: 
SCC summaries by Andrew Pilliar [1]
Research articles : 
Criminal jury [2]

R. v. Daley, 2007 SCC 53
Click here [3] to link to the full judgment.
(Criminal law / Charge to jury / Intoxication defence)
After a night of drinking, D's common law wife was found murdered.  D was convicted of second degree murder at trial, after the jury rejected his defence of intoxication.  The issue before the Court was whether the judge's charge to the jury on the defence of intoxication was sufficient.  The Court held that the jury charge was sufficient, and outlined the defence of intoxication and the elements required for a jury charge on the defence.  Note, however, the strong dissent in this case.
Majority/Dissent: 5/4

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Links
[1] https://www.legaltree.ca/taxonomy/term/86
[2] https://www.legaltree.ca/taxonomy/term/123
[3] http://scc.lexum.umontreal.ca/en/2007/2007scc53/2007scc53.html