R. v. Lohrer, [2004] 1 S.C.R. 627, 2004 SCC 24
Allan Wayne Lohrer Appellant/Respondent on motion
v.
Her Majesty The Queen Respondent/Applicant on motion
Indexed as: R. v. Lohrer
Neutral citation: 2004 SCC 24.
File No.: 30160.
2004: April 19.
Present: McLachlin C.J. and Major, Binnie, Arbour and Fish JJ.
motion to quash an appeal
Criminal law — Appeals — Supreme Court of Canada — Appeal as of right — Dissent in Court of Appeal raising question of law — Motion to quash appeal dismissed.
Statutes and Regulations Cited
Criminal Code , R.S.C. 1985, c. C-46, s. 691(1) (a).
MOTION to quash an appeal from a judgment of the British Columbia Court of Appeal (2003), 186 B.C.A.C. 58, 306 W.A.C. 58, [2003] B.C.J. No. 1952 (QL), 2003 BCCA 457, dismissing the accused’s appeal from his convictions for aggravated assault, assault causing bodily harm and uttering threats. Motion dismissed.
Shawn P. Buckley, for the respondent/applicant on motion.
Kenneth Madsen, for the appellant/respondent on motion.
The judgment of the Court was delivered orally by
1 Arbour J. — We are of the view that the dissent relied upon by the appellant as the foundation of his appeal as of right under s. 691(1) (a) of the Criminal Code , R.S.C. 1985, c. C-46 , is properly construed as a dissent on a question of law. Hollinrake J.A. concluded his dissenting opinion saying:
I have concluded that the misapprehensions found in the reasons of the trial judge primarily on the issue of credibility are such that it cannot be said the appellant received a fair trial. It follows from Morrissey [(1995), 97 C.C.C. (3d) 193 (Ont. C.A.)] that there has been a miscarriage of justice and there must be a new trial.
((2003), 186 B.C.A.C. 58, 2003 BCCA 457, at para. 56)
2 The motion to quash is dismissed.
Motion dismissed.
Solicitor for the respondent/applicant on motion: Ministry of Attorney General, Vancouver.
Solicitors for the appellant/respondent on motion: Buckley & Company, Kamloops.
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