Lamer C.J.
The Chief Justice ‑‑ The evidence at trial concerning the charge of robbery provided a basis for two theories, guilt based on the direct commission of the crime and guilt based on being a party pursuant to s. 21(1) of the Criminal Code . Both the Crown and the defence wished the judge to instruct the jury on complicity as an alternative basis for the appellant`s guilt. The judge did not do so, or at least did so inadequately.
This error warrants the ordering of a new trial. The appeal is dismissed.