Binstead v. The Queen

[1979] 2 SCR 1009 Court SCC Decision date 1979-10-24 English

PartiesDennis Richard Binstead Appellant·Her Majesty The Queen Respondent

Counsel (4)

David Roberts, for the appellant.
J.F. Rowan, for the respondent.
Solicitors for the appellant: Macrae, Montgomery & Co., Vancouver.
Solicitor for the respondent: John F. Rowan, Vancouver.

Judges Pigeon, Louis-Philippe; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien

Decision 4–1 Majority (4) · PIGEON J. (1)

On appeal from British Columbia

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

PIGEON J.

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.

Footnotes

[1] April 24, 1979.