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R. v. Lohrer

2004 SCC 24 [2004] 1 SCR 627 Court SCC Decision date 2004-04-19 Docket 30160 English

Judges McLachlin, Beverley; Major, John C.; Binnie, William Ian Corneil; Arbour, Louise; Fish, Morris J.

Delivered by Arbour J.

On appeal from British Columbia

Subjects Criminal law

Contents

Arbour J.

Arbour J. — We are of the view that the dissent relied upon by the appellant as the foundation of his appeal as of right under s. 691(1) (a) of the Criminal Code , R.S.C. 1985, c. C-46 , is properly construed as a dissent on a question of law. Hollinrake J.A. concluded his dissenting opinion saying:
I have concluded that the misapprehensions found in the reasons of the trial judge primarily on the issue of credibility are such that it cannot be said the appellant received a fair trial. It follows from Morrissey [(1995), 97 C.C.C. (3d) 193 (Ont. C.A.)] that there has been a miscarriage of justice and there must be a new trial.

((2003), 186 B.C.A.C. 58, 2003 BCCA 457, at para. 56)

The motion to quash is dismissed.

Cases cited

Statutes and regulations cited