R. v. Briglio, [1987] 2 SCR 465

R. v. Briglio, [1987] 2 S.C.R. 465

Mario Briglio    Appellant

v.

Her Majesty The Queen   Respondent

indexed as: r. v. briglio

File No.: 17957.

1987: October 21.

Present: Beetz, Estey, McIntyre, Lamer, Wilson, Le Dain and L'Heureux‑Dubé JJ.

on appeal from the court of appeal for ontario

                   Criminal law ‑‑ Dangerous driving ‑‑ Whether the Court of Appeal erred in rejecting a finding at trial that the accused drove as he did "probably out of necessity".

                   APPEAL from a judgment of the Ontario Court of Appeal rendered October 6, 1983, setting aside an acquittal on a charge of dangerous driving and ordering a new trial. Appeal dismissed.

                   W. G. Burke‑Robertson, Q.C., for the appellant.

                   Jeff Casey, for the respondent.

                   The judgment of the Court was delivered orally by

1.                Beetz J.‑‑We are all of the view that the Court of Appeal did not err in setting aside the acquittal and ordering a new trial.

2.                The appeal is dismissed.

                   Judgment accordingly.

                   Solicitors for the appellant: Kozak & Delorenzi, Sault Ste‑Marie.

                   Solicitor for the respondent: The Attorney General for the Province of Ontario, Toronto.