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R. v. Marinaro, [1996] 1 S.C.R. 462
Giovanni Marinaro Appellant v.
Her Majesty The Queen Respondent
Indexed as: R. v. Marinaro
File No.: 24322
1996: February 29.
Present: Sopinka, Gonthier, McLachlin, Iacobucci and Major JJ.
on appeal from the court of appeal for ontario
APPEAL from a judgment of the Ontario Court of Appeal (1994), 95 C.C.C. (3d) 74, dismissing an appeal from conviction by Then J. sitting with jury. Appeal allowed.
Timothy E. Breen, for the appellant.
W. Graeme Cameron, for the respondent.
The judgment of the Court was delivered orally by
1 Sopinka J. -- The appeal is allowed for the reasons of Dubin C.J. (1994), 95 C.C.C. (3d) 74. The conviction and judgment of the Court of Appeal are set aside and a new trial is ordered.
Judgment accordingly.
Solicitors for the appellant: Rosen, Fleming, Toronto.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.