Supreme Court of Canada
Binstead v. The Queen, [1979] 2 S.C.R. 1009
Date: 1979-10-24
Dennis Richard Binstead Appellant;
and
Her Majesty The Queen Respondent.
1979: October 24.
Present: Pigeon, Dickson, Estey, McIntyre and Chouinard JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA
Criminal law—Accused charged with offences under s. 383(1)(a)(ii) of Criminal Code—Trial judge holding there was no evidence upon which jury could find accused guilty—Court of Appeal of opinion there was evidence which should have been allowed to go to jury—Trial judge in error in taking case from jury.
APPEAL from a judgment of the Court of Appeal for British Columbia, allowing the Crown’s appeal from the acquittal of the accused on charges alleging offences under s. 383(1)(a)(ii) of the Criminal Code and ordering a new trial. Appeal dismissed.
David Roberts, for the appellant.
J.F. Rowan, for the respondent.
The judgment of the Court was delivered orally by
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.
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