R. v. Marinaro

R. v. Marinaro Collection Supreme Court Judgments Date 1996-02-29 Report [1996] 1 SCR 462 Case number 24322 Judges Sopinka, John; Gonthier, Charles Doherty; McLachlin, Beverley; Iacobucci, Frank; Major, John C. On appeal from Ontario Subjects Criminal law Notes SCC Case Information: 24322 Decision Content R. v. Marinaro, [1996] 1 S.C.R. 462 Giovanni Marinaro Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Marinaro File No.: 24322 1996: February 29. Present: Sopinka, Gonthier, McLachlin, Iacobucci and Major JJ. on appeal from the court of appeal for ontario Criminal law -- Charge to jury -- Misdirection as to consciousness of guilt -- Court of appeal finding no substantial wrong and upholding verdict -- Whether substantial wrong. APPEAL from a judgment of the Ontario Court of Appeal (1994), 95 C.C.C. (3d) 74, dismissing an appeal from conviction by Then J. sitting with jury. Appeal allowed. Timothy E. Breen, for the appellant. W. Graeme Cameron, for the respondent. The judgment of the Court was delivered orally by 1 Sopinka J. -- The appeal is allowed for the reasons of Dubin C.J. (1994), 95 C.C.C. (3d) 74. The conviction and judgment of the Court of Appeal are set aside and a new trial is ordered. Judgment accordingly. Solicitors for the appellant: Rosen, Fleming, Toronto. Solicitor for the respondent: The Attorney General for Ontario, Toronto. …