R. v. Imbeault, [1993] 2 SCR 51

R. v. Imbeault, [1993] 2 S.C.R. 51

Normand Lassonde                                                                            Appellant

v.

Her Majesty the Queen                                                                    Respondent

Indexed as:  R. v. Imbeault

File No.:  23087.

1993:  March 29; 1993:  April 8.

Present:  Lamer C.J. and L'Heureux‑Dubé, Sopinka, Cory and McLachlin JJ.

on appeal from the court of appeal for quebec

                   Criminal law ‑‑ Directed verdict ‑‑ Fraud ‑‑ Evidence pertaining to all elements of offence which would justify a verdict of guilty if accepted by jury -- Directed verdict quashed.

                   Held:  The appeal should be dismissed.

                   APPEAL from a judgment of the Quebec Court of Appeal (1992), 47 Q.A.C. 146, allowing the Crown's appeal from the accused's acquittal and ordering a new trial.  Appeal dismissed.

                   Jean‑René Maranda, for the appellant.

                   Michel St‑Cyr, for the respondent.

//The Court//

                   English version of the judgment delivered by

                   The Court -- We agree with the Court of Appeal's conclusion that there is admissible evidence pertaining to all the elements of the offence which, if accepted by a jury properly instructed and acting reasonably, would justify a verdict of guilty.  Accordingly, the trial judge erred in granting the motion for a directed verdict.  The appeal is therefore dismissed.

                   Appeal dismissed.

                   Solicitor for the appellant:  Jean‑René Maranda, Montréal.

                   Solicitor for the respondent: Michel St‑Cyr, Montréal.