Wesley v. The Queen, [1979] 1 SCR 35

Supreme Court of Canada

Wesley v. The Queen, [1979] 1 S.C.R. 35

Date: 1978-10-04

Harold Stuart Wesley Appellant;

and

Her Majesty The Queen Respondent.

1978: October 4.

Present: Laskin C.J. and Martland, Ritchie, Spence, Pigeon, Dickson, Beetz, Estey and Pratte JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Criminal law—Conviction of murder—Dissent in Court of Appeal on ground verdict unreasonable and could not be supported by the evidence—Not a dissent on question of law—Appeal quashed for want of jurisdiction.

APPEAL from a majority judgment of the Court of Appeal for British Columbia dismissing appellant’s appeal from his conviction, after trial by judge and jury, of murder punishable by imprisonment for life. Appeal quashed.

J.B. Clarke, for the appellant.

M.R.V. Storrow, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Storrow. The appeal is quashed for want of jurisdiction, the dissent of Mr. Justice Branca on the ground that the verdict is unreasonable and cannot be supported by the evidence not being dissent on a question of law: see The Queen v. Warner[1].

Judgment accordingly.

Solicitors for the appellant: Deverell, Harrop & Co., Vancouver.

Solicitors for the respondent: Davis & Co., Vancouver.