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R. v. Polo

[1995] 4 SCR 44 Court SCC Decision date 1995-11-02 Docket 24210 English

PartiesHer Majesty The Queen Appellant·Jean Polo 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 Lamer C.J.

On appeal from Quebec

Subjects Criminal law

Contents

Lamer C.J.

Lamer C.J. ‑‑ We are all of the view that the Court of Appeal made no error in allowing the accused's appeal and quashing the conviction. Since the Crown did not request an order for a new trial in the event of a dismissal of its appeal, counsel for the respondent has stated she is not adequately prepared to argue in favour of upholding the acquittal. In the circumstances the appeal is dismissed in a majority decision; L'Heureux-Dubé J., dissenting, would allow the appeal in part and order a new trial.