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R. v. Kudmani

[1997] 3 SCR 1142 Court SCC Decision date 1997-12-01 Docket 26030 English

PartiesVictor Kudmani Appellant·Her Majesty The Queen Respondent

Judges Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Bastarache, Michel

Delivered by Cory J.

On appeal from Quebec

Subjects Criminal law

Contents

Cory J.

Cory J. ‑‑ We are all of the view that the respondent’s motion to extend the time to file a motion to quash the appeal should be granted.
We are all of the view that the only basis for the trial judge’s acquittal of the appellant was his consideration of the unlawfully admitted medical report. Apart from that conclusion, the judge drew all the factual inferences necessary to support a verdict of guilty.
The Court of Appeal did not err in substituting a verdict of guilty. The motion to quash the appeal is therefore granted.