R. v. Babinski
Court headnote
R. v. Babinski Collection Supreme Court Judgments Date 1992-11-04 Report [1992] 3 SCR 467 Case number 22622 Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Iacobucci, Frank On appeal from Ontario Subjects Constitutional law Notes SCC Case Information: 22622 Decision Content R. v. Babinski, [1992] 3 S.C.R. 467 Richard Raymond Babinski Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Babinski File No.: 22622. 1992: November 4. Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka and Iacobucci JJ. on appeal from the court of appeal for ontario Constitutional law ‑‑ Charter of Rights ‑‑ Admissibility of evidence ‑‑ Bringing administration of justice into disrepute ‑‑ Violation of right to counsel ‑‑ Accused's statement properly excluded. APPEAL from a judgment of the Ontario Court of Appeal (1991), 50 O.A.C. 341, 67 C.C.C. (3d) 187, 8 C.R.R. (2d) 378, allowing the Crown's appeal from the accused's acquittal on a charge of first degree murder* and ordering a new trial. Appeal dismissed. Jack Gemmell, for the appellant. Jay L. Naster, for the respondent. //Lamer C.J.// The judgment of the Court was delivered orally by Lamer C.J. ‑‑ We are ready to hand down judgment now. We agree with the Court of Appeal that a new trial should be held on the grounds stated by them, save for that relating to the admissibility of the statement, Justice L'Heureux‑Dubé dissenting on this point only. We agree with the trial judge's decision to ex…
Full judgment (source text)
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R. v. Babinski Collection Supreme Court Judgments Date 1992-11-04 Report [1992] 3 SCR 467 Case number 22622 Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Iacobucci, Frank On appeal from Ontario Subjects Constitutional law Notes SCC Case Information: 22622 Decision Content R. v. Babinski, [1992] 3 S.C.R. 467 Richard Raymond Babinski Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Babinski File No.: 22622. 1992: November 4. Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka and Iacobucci JJ. on appeal from the court of appeal for ontario Constitutional law ‑‑ Charter of Rights ‑‑ Admissibility of evidence ‑‑ Bringing administration of justice into disrepute ‑‑ Violation of right to counsel ‑‑ Accused's statement properly excluded. APPEAL from a judgment of the Ontario Court of Appeal (1991), 50 O.A.C. 341, 67 C.C.C. (3d) 187, 8 C.R.R. (2d) 378, allowing the Crown's appeal from the accused's acquittal on a charge of first degree murder* and ordering a new trial. Appeal dismissed. Jack Gemmell, for the appellant. Jay L. Naster, for the respondent. //Lamer C.J.// The judgment of the Court was delivered orally by Lamer C.J. ‑‑ We are ready to hand down judgment now. We agree with the Court of Appeal that a new trial should be held on the grounds stated by them, save for that relating to the admissibility of the statement, Justice L'Heureux‑Dubé dissenting on this point only. We agree with the trial judge's decision to exclude it. L'Heureux‑Dubé J. agrees with the Court of Appeal that the statement was improperly excluded. The appeal is therefore dismissed. Judgment accordingly. Solicitor for the appellant: Jack Gemmell, Toronto. Solicitor for the respondent: The Ministry of the Attorney General, Toronto. * See Erratum [1993] 1 S.C.R. iv
Source: decisions.scc-csc.ca
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