← Cases

R. v. Olotu

2017 SCC 11 [2017] 1 SCR 168 Court SCC Decision date 2017-02-23 Heard 2017-02-21 Docket 37167 English

PartiesHer Majesty The Queen Respondent

Counsel (3)
Judgment accordingly.
Solicitors for the appellant: WMCZ Lawyers, Saskatoon.
Solicitor for the respondent: Attorney General of Saskatchewan, Regina.

Judges Karakatsanis, Andromache; Wagner, Richard; Gascon, Clément; Côté, Suzanne; Brown, Russell

Delivered by Karakatsanis J. (Wagner, Gascon, Côté and Brown JJ. concurring)

On appeal from Saskatchewan

Contents

Reasons for Judgment — Karakatsanis J. (Wagner, Gascon, Côté and Brown JJ. concurring)

Karakatsanis J. — Applying the appellate standard of review, with respect to the question of whether the trial judge misapprehended the evidence or failed to consider the totality of the evidence resulting in a miscarriage of justice under s. 686(1)(a)(iii) of the Criminal Code , R.S.C. 1985, c. C-46 , we substantially agree with the reasons of Justice Jackson in the Saskatchewan Court of Appeal on this issue. With respect to the further ground of appeal, the alleged Beaudry error (R. v. Beaudry, 2007 SCC 5, [2007] 1 S.C.R. 190), we are satisfied that the trial judge did not reach his decision by an illogical or irrational reasoning process, and his verdict was not unreasonable within the meaning of s. 686(1) (a)(i) of the Criminal Code . As a result, the appeal is dismissed.

Cases cited

Statutes and regulations cited