R. v. Reitsma, [1998] 1 S.C.R. 769
Shane John Reitsma Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Reitsma
File No.: 26305.
1998: May 20.
Present: Cory, McLachlin, Iacobucci, Major and Binnie JJ.
on appeal from the court of appeal for british columbia
Criminal law -- Evidence -- Identification -- Accused convicted on basis of identification evidence -- Verdict cannot reasonably be supported by evidence -- Acquittal directed.
APPEAL from a judgment of the British Columbia Court of Appeal (1997), 97 B.C.A.C. 303, 157 W.A.C. 303, [1997] B.C.J. No. 2314 (QL), dismissing the accused’s appeal from his conviction of break and enter and theft. Appeal allowed and acquittal directed.
Michael J. Munro, for the appellant.
Robert A. Mulligan, for the respondent.
The judgment of the Court was delivered orally by
1 Cory J. -- We are all in agreement with the minority reasons given by Madam Justice Rowles. The appeal is therefore allowed, the conviction is set aside and an acquittal is directed.
Judgment accordingly.
Solicitor for the appellant: Michael J. Munro, Victoria.
Solicitor for the respondent: Robert A. Mulligan, Victoria.