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Penney v. The Queen

[1979] 2 SCR 1014 Court SCC Decision date 1979-11-21 English

PartiesAllan Richard Penney Appellant·Her Majesty The Queen Respondent

Counsel (4)
M. Francis O’Dea and J. Burke, for the appellant.
John P. Byrne, for the respondent.
Solicitor for the appellant: M. Francis O’Dea, St. Johns.
Solicitor for the respondent: John P. Byrne, St. Johns.

Judges Martland, Ronald; Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Chouinard, Julien

Decision 6–1 Majority (6) · MARTLAND J. (1)

On appeal from Newfoundland and Labrador

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—The submissions made by counsel for the appellant have not persuaded us to reverse the judgment of the Court of Appeal. The charge to the jury in this case was wholly unsatisfactory for the reasons given by Gushue J.A., in the Court of Appeal.
Some comment should be made regarding the admissibility of the evidence of the appellant as to the threats which the appellant says were made by the deceased to commit suicide by taking an overdose of sleeping pills. The appellant testifies that these threats were made in December 1974, February 1975, on another unspecified date, and on the date of her death, October 21, 1975. We agree with the Court of Appeal that evidence regarding the alleged threat made on the date of the death of the deceased was admissible. However, the trial judge had a duty to warn the jury as to the risk involved in accepting this evidence when given by the accused. The three alleged threats made earlier
[Page 1015]
were not a part of the res gestae, and, in relation to the circumstances of this case, the mental condition of the deceased at the time when they were said to have been made was not an issue before the Court.
The appeal is dismissed.
Appeal dismissed.
Solicitor for the appellant: M. Francis O’Dea, St. Johns.
Solicitor for the respondent: John P. Byrne, St. Johns.