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R. v. Mcginn

[1989] 1 SCR 1035 Court SCC Decision date 1989-04-26 Docket 20423 English

PartiesDavid McGinn Appellant·Her Majesty The Queen Respondent

Judges Lamer, Antonio; Wilson, Bertha; La Forest, Gérard V.; Sopinka, John; Cory, Peter deCarteret

Decision 4–1 Majority (4) · Lamer J. (1)

On appeal from Alberta

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Lamer J.

Lamer J. ‑‑ We are all of the view that we cannot conclude that, in the absence of the error shown to have been made, the result would necessarily have been the same. As we are also of the view that there is evidence remaining upon which a trier of fact could reasonably convict, upon allowing this appeal, we would order a new trial.
The appeal is allowed, the order of the Court of Appeal is quashed, and a new trial is ordered.
Judgment accordingly.
Solicitor for the appellant: Alexander D. Pringle, Edmonton.
Solicitor for the respondent: John C. Tait, Ottawa.