Binstead v. The Queen
Court headnote
Binstead v. The Queen Collection Supreme Court Judgments Date 1979-10-24 Report [1979] 2 SCR 1009 Judges Pigeon, Louis-Philippe; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien On appeal from British Columbia Subjects Criminal law Decision Content Supreme Court of Canada Binstead v. The Queen, [1979] 2 S.C.R. 1009 Date: 1979-10-24 Dennis Richard Binstead Appellant; and Her Majesty The Queen Respondent. 1979: October 24. Present: Pigeon, Dickson, Estey, McIntyre and Chouinard JJ. ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA Criminal law—Accused charged with offences under s. 383(1)(a)(ii) of Criminal Code—Trial judge holding there was no evidence upon which jury could find accused guilty—Court of Appeal of opinion there was evidence which should have been allowed to go to jury—Trial judge in error in taking case from jury. APPEAL from a judgment of the Court of Appeal for British Columbia[1], allowing the Crown’s appeal from the acquittal of the accused on charges alleging offences under s. 383(1)(a)(ii) of the Criminal Code and ordering a new trial. Appeal dismissed. David Roberts, for the appellant. J.F. Rowan, for the respondent. The judgment of the Court was delivered orally by PIGEON J.—We are all of the opinion that the Court of Appeal properly concluded that the trial judge had erred in taking the case away from the jury. The appeal is dismissed. Judgment accordingly. Solicitors for the appellant: Macrae, Mont…
Full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
Binstead v. The Queen Collection Supreme Court Judgments Date 1979-10-24 Report [1979] 2 SCR 1009 Judges Pigeon, Louis-Philippe; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien On appeal from British Columbia Subjects Criminal law Decision Content Supreme Court of Canada Binstead v. The Queen, [1979] 2 S.C.R. 1009 Date: 1979-10-24 Dennis Richard Binstead Appellant; and Her Majesty The Queen Respondent. 1979: October 24. Present: Pigeon, Dickson, Estey, McIntyre and Chouinard JJ. ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA Criminal law—Accused charged with offences under s. 383(1)(a)(ii) of Criminal Code—Trial judge holding there was no evidence upon which jury could find accused guilty—Court of Appeal of opinion there was evidence which should have been allowed to go to jury—Trial judge in error in taking case from jury. APPEAL from a judgment of the Court of Appeal for British Columbia[1], allowing the Crown’s appeal from the acquittal of the accused on charges alleging offences under s. 383(1)(a)(ii) of the Criminal Code and ordering a new trial. Appeal dismissed. David Roberts, for the appellant. J.F. Rowan, for the respondent. The judgment of the Court was delivered orally by PIGEON J.—We are all of the opinion that the Court of Appeal properly concluded that the trial judge had erred in taking the case away from the jury. The appeal is dismissed. Judgment accordingly. Solicitors for the appellant: Macrae, Montgomery & Co., Vancouver. Solicitor for the respondent: John F. Rowan, Vancouver. [1] April 24, 1979.
Source: decisions.scc-csc.ca
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