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Austin v. The Queen

[1985] 2 SCR 285 Court SCC Decision date 1985-10-10 Docket 17770 English

PartiesKim William Edward Austin Appellant·Her Majesty The Queen Respondent

Judges Dickson, Robert George Brian; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V.

Decision 6–1 Majority (6) · Dickson C.J. (1)

On appeal from Ontario

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Dickson C.J.

1. The Chief Justice‑‑We think the Court of Appeal was right in dismissing the appeal from conviction. We, however, express no opinion on the comments of the Court of Appeal regarding the tool box incident. The appeal from conviction is dismissed.
2. We find no error below in the proceedings leading to the sentence of detention for an indeterminate period. This appeal is also dismissed.
Judgment accordingly.
Solicitor for the appellant: Leo Adler, Toronto.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.