← Cases

R. v. S. (D.)

[1991] 3 SCR 681 Court SCC Decision date 1991-12-02 Docket 22377 English

PartiesD. S., a young person Appellant·Her Majesty The Queen Respondent

Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank

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

On appeal from Nova Scotia

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Sopinka J.

Sopinka J. ‑‑ In our opinion, the learned trial judge considered evidence that was inadmissible and prejudicial which may have affected the finding of guilt.
This is not a case for the application of the curative provision contained in s. 686(1)(b)(iii) of the Criminal Code , R.S.C., 1985, c. C‑46 .
Accordingly, the appeal is allowed and the finding of guilt is quashed.
Judgment accordingly.
Solicitor for the appellant: Chandra Gosine, Halifax.
Solicitor for the respondent: Robert E. Lutes, Halifax.

Statutes and regulations cited