R v Cinous
| R v Cinous | |
|---|---|
 | |
| Hearing: April 18, 2001 Judgment: March 21, 2002 | |
| Full case name | Her Majesty The Queen v Jacques Cinous |
| Citations | 2002 SCC 29 |
| Ruling | Appeal allowed and respondent's conviction restored. |
| Court membership | |
| Reasons given | |
| Majority | McLachlin CJ and Bastarache J, joined by L'Heureux-Dubé and LeBel JJ |
| Concurrence | Binnie J, joined by Gonthier J |
| Dissent | Arbour, joined by Iacobucci and Major JJ |
R v Cinous, 2002 SCC 29 is a 2002 case of the Supreme Court of Canada which held that in order for a defence to be presented to a jury, that defence must possess an "air of reality"; that is, "if a properly instructed jury acting reasonably could acquit the accused on the basis of the defence".
Background
On February 3, 1994, four men were riding in a van in the
second-degree murder
.
On appeal, the Quebec Court of Appeal ruled there were errors in the trial judge's instructions to the jury with respect to Cinous' claim of self-defence, and ordered the conviction overturned and a new trial. The Supreme Court allowed the Crown's appeal and restored the conviction.
External links
- Full text of Supreme Court of Canada decision available at LexUM and CanLII