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R. v. Nagra

[1994] 1 SCR 355 Court SCC Decision date 1994-03-15 Docket 23582 English

PartiesHarjinderpal Singh Nagra, also known as Appellant·Harpal Singh Ghuman Appellant·Her Majesty The Queen Respondent

Judges Lamer, Antonio; Sopinka, John; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

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

On appeal from British Columbia

Subjects Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Lamer C.J.

Lamer C.J. ‑‑ We need not hear from you Mr. Tammen. We are allowing the appeal. We are of the view that we do not think this is an appropriate case in which the provisos of s. 686(1)(b)(iii) of the Criminal Code , R.S.C., 1985, c. C‑46 , should have been applied.
Therefore, the appeal is allowed, the conviction is set aside and a new trial is ordered.
Judgment accordingly.
Solicitors for the appellant: Peck & Tammen, Vancouver.
Solicitor for the respondent: The Ministry of the Attorney General, Vancouver.

Statutes and regulations cited