R. v. Shalaan, [1998] 1 S.C.R. 88
Fayezah Jassim Shalaan Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Shalaan
File No.: 26029.
1998: January 28.
Present: Lamer C.J. and L’Heureux‑Dubé, Cory,
McLachlin, Iacobucci, Major and Bastarache JJ.
on appeal from the court of appeal for nova scotia
Criminal law ‑‑ Parties to offences ‑‑
Accessory after the fact ‑‑ Court of Appeal correct in holding that
it is not necessary to convict a principal in order to convict an accessory.
APPEAL from a judgment of the Nova Scotia Court of
Appeal (1997), 159 N.S.R. (2d) 285, 468 A.P.R. 285 (sub nom. R. v.
F.J.S.), 115 C.C.C. (3d) 450 (sub nom. R. v. S. (F.J.)),
[1997] N.S.J. No. 174 (QL), allowing the Crown’s appeal from a judgment of the
Nova Scotia Supreme Court (1996), 153 N.S.R. (2d) 35, 108 C.C.C. (3d) 220,
[1996] N.S.J. No. 265 (QL), acquitting the accused of being an accessory after
the fact. Appeal dismissed.
Patrick J. Duncan, Q.C.,
for the appellant.
Stephanie A. Cleary,
for the respondent.
//The Chief Justice//
The judgment of the Court was delivered orally by
1 The Chief Justice ‑‑ This
appeal comes to us as of right. Substantially for the reasons of Jones J.A. of
the Court of Appeal of Nova Scotia, we are all of the view that this appeal
fails and is therefore dismissed and the order of the Court of Appeal is
affirmed.
Judgment accordingly.
Solicitors for the appellant: Beveridge,
Lambert & Duncan, Halifax.
Solicitor for the respondent: The
Attorney General of Nova Scotia, Halifax.
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