Supreme Court of Canada
Paonessa and Paquette v. R., [1983] 1 S.C.R. 660
Date: 1983-05-19
Luigi Joseph Paonessa and Kelly Donald Paquette (Plaintiffs) Appellants;
and
Her Majesty The Queen (Defendant) Respondent.
File No.: 17097.
1983: May 19.
Present: Ritchie, McIntyre, Chouinard, Lamer and Wilson JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.
Criminal law—Evidence—Conspiracy to commit arson—Directed verdict of acquittal—Whether enough evidence to warrant consideration by the jury.
APPEAL from a judgment of the Ontario Court of Appeal (1982), 66 C.C.C. (2d) 300, 36 O.R. (2d) 221, 135 D.L.R. (3d) 277, allowing the Crown’s appeal from the acquittal of the accused on a charge of conspiracy to commit arson. Appeal dismissed.
Guy Ungaro, for the appellant Paonessa.
Damien Frost, for the respondent.
The judgment of the Court was delivered orally by
RITCHIE J.—We are all of the opinion that there was sufficient evidence adduced at the trial to require the case to be put to the jury.
The appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant Paonessa: Ungaro & Barycky, Niagara Falls.
Solicitor for the respondent: The Ministry of the Attorney General, Toronto.
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