R. v. A.S.U., [1991] 2 SCR 204

R. v. A.S.U., [1991] 2 S.C.R. 204

A.S.U.                                                                                                                                     Appellant

v.

Her Majesty The Queen                                                                                                                               Respondent

Indexed as:  R. v. A.S.U.

File No.:  22024.

1991: June 18.

Present:  La Forest, L'Heureux-Dubé, Gonthier, Cory and McLachlin JJ.

on appeal from the court of appeal for saskatchewan

                   Criminal law -- Appeal -- Trial judge's reasons silent as to evidence adduced on accused's behalf -- Whether Court of Appeal erred in holding those reasons disclosed that all the evidence was considered and appreciated -- Whether Court of Appeal had erred in law in inferring that the trial judge had assessed and rejected the credibility of the defence witnesses.

                   APPEAL from a judgment of the Saskatchewan Court of Appeal dismissing an appeal against conviction by Rathgeber Prov. Ct. J. and allowing the Crown's appeal against the sentence imposed.  Appeal dismissed.

                   M. C. Shumiatcher, Q.C., and Warren Holmes, for the appellant.

                   Ken W. McKay, Q.C., for the respondent.

//La Forest//

                   The judgment of the Court was delivered orally by

                   La Forest J. -- It will not be necessary to hear from you, Mr. McKay.  This is an appeal as of right.  We are all of the view that the appeal should be dismissed for the reasons of the majority in the Court of Appeal.

                   Judgment accordingly.

                   Solicitors for the appellant:  Shumiatcher-Alberts, Regina.

                   Solicitor for the respondent:  Brian Barrington-Foote, Regina.