Case information
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36412
Steven Michael Neville v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-11-23 | Transcript received, 52 pages | |
| 2015-11-09 | Appeal closed | |
| 2015-11-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-11-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-11-05 |
Judgment on the appeal rendered, CJ Abe Mo Côt Br, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 13/25, 2015 NLCA 16, dated April 10, 2015, was heard on November 5, 2015, and the Court on that day delivered the following judgment orally: [THE CHIEF JUSTICE] — This is an appeal as of right. We would allow the appeal. The jury in its final question asked the judge to clarify the distinction between “to kill” and “to murder”. This raised the question of intent in relation to the charges of murder and attempted murder. The judge should have clarified the nature of the concern, and then addressed it. Instead, the judge merely referred the jury to the written instructions he had previously given the jury. Viewing the record as a whole, we are satisfied that there is a possibility that the jury could have misunderstood what had to be proved for them to return guilty verdicts. We note in this regard the Crown’s concession that the decision tree given to the jury was in error on the issue of provocation. The evidence is not so overwhelming as to permit us to conclude that the error would have had no effect on the verdicts. The appeal is allowed, the verdicts are set aside, and a new trial ordered on both charges. Allowed |
|
| 2015-11-05 |
Hearing of the appeal, 2015-11-05, CJ Abe Mo Côt Br Judgment rendered |
|
| 2015-11-05 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2015-11-05 | Appellant's condensed book, (Book Form), Filed in Court | Steven Michael Neville |
| 2015-11-04 | Notice of appearance, (Letter Form), Mr. Lloyd M. Strickland will be appearing | Her Majesty the Queen |
| 2015-10-13 | Notice of appearance, Derek Hogan will be present at the hearing. | Steven Michael Neville |
| 2015-09-10 | Notice of hearing sent to parties | |
| 2015-09-01 | Appeal perfected for hearing | |
| 2015-08-27 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-08-27 | Respondent's book of authorities, Completed on: 2015-08-27 | Her Majesty the Queen |
| 2015-08-27 | Respondent's factum, Completed on: 2015-08-27 | Her Majesty the Queen |
| 2015-08-24 |
Appeal hearing scheduled, 2015-11-05 Judgment rendered |
|
| 2015-07-08 | Certificate of counsel (attesting to record), (Included in the appellant's record) | Steven Michael Neville |
| 2015-07-08 | Appellant's record, (3 volumes), Completed on: 2015-07-08 | Steven Michael Neville |
| 2015-07-08 | Appellant's book of authorities, Completed on: 2015-07-08 | Steven Michael Neville |
| 2015-07-08 | Appellant's factum, Completed on: 2015-07-08 | Steven Michael Neville |
| 2015-06-01 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-05-01 | Letter acknowledging receipt of a notice of appeal | |
| 2015-04-27 | Certificate (on limitations to public access) | Steven Michael Neville |
| 2015-04-27 | Notice of appeal, Completed on: 2015-04-27 | Steven Michael Neville |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Neville, Steven Michael | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Neville, Steven Michael
Counsel
251 Empire Avenue
Suite 300
St. John's, Newfoundland & Labrador
A1C 3H9
Telephone: (709) 753-7860
FAX: (709) 753-0026
Email: derekhogan@legalaid.nl.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1C 6C9
Telephone: (709) 729-4299
FAX: (709) 729-1135
Email: lstrickland@gov.nl.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal law - Charge to jury - Whether the trial judge erred in failing to adequately respond to the jury’s question of whether “the legal definition of ‘to kill’ is the same as ‘to murder’.
Mr. Neville was convicted of one count of second degree murder and one count of attempted murder. He stabbed both victims several times, causing the death of one and serious injury to the other. At trial, the jury was instructed on first and second degree murder, manslaughter, attempted murder, aggravated assault, self-defence and provocation. During its deliberations, the jury asked whether “the legal definition of ‘to kill’ is the same as ‘to murder’”. The trial judge responded by referring the jury to the written instructions he had already given them. He did not re-read the instructions or seek clarification from the jury. On appeal, Mr. Neville argued, among other things, that the trial judge erred in failing to respond adequately to the jury’s question. A majority of the Court of Appeal dismissed the appeal, finding that while it was not the best option, the trial judge’s decision to refer the jury to the written charge, coupled with his reminder to the jury that it could ask additional questions, was a sufficient answer to the question in the circumstances. Rowe J.A., dissenting, would have allowed the appeal and ordered a new trial. In his view, the jury’s question logically related to the requisite intent for murder, and the trial judge’s failure to provide the jury with guidance on the issue constituted an error of law.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
201201G0947
Appellant convicted of second degree murder and attempted murder
Supreme Court of Newfoundland and Labrador - Court of Appeal
13/25, 2015 NLCA 16
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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