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R. v. B. (W.R.)

[1995] 1 SCR 750 Court SCC Decision date 1995-02-22 Docket 24157 English

PartiesHer Majesty The Queen Appellant·W. R. B. Respondent

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by Cory J.

On appeal from British Columbia

Subjects Criminal law

Contents

Cory J.

Cory J. ‑‑ We are all of the view that this appeal as of right must be dismissed. We agree with the majority of the Court of Appeal that the unfortunate reference on the recharge to the inadmissible evidence tendered on the voir dire must have so affected the verdict on all three counts that a new trial was required on all of them. Particularly is this so since the issue of credibility was crucial to all three charges.
The appeal is therefore dismissed.