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R. v. Reitsma

26305-1998-05-20 [1998] 1 SCR 769 Decision date 1998-05-20 Docket 26305 English

Judges Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Binnie, William Ian Corneil

Delivered by Majority

On appeal from British Columbia

Subjects Criminal law

Contents

R. v. Reitsma, [1998] 1 S.C.R. 769

Shane John Reitsma Appellant v.

Her Majesty The Queen Respondent

Indexed as: R. v. Reitsma

File No.: 26305.

1998: May 20.

Present: Cory, McLachlin, Iacobucci, Major and Binnie JJ.

on appeal from the court of appeal for british columbia

APPEAL from a judgment of the British Columbia Court of Appeal (1997), 97 B.C.A.C. 303, 157 W.A.C. 303, [1997] B.C.J. No. 2314 (QL), dismissing the accused’s appeal from his conviction of break and enter and theft. Appeal allowed and acquittal directed.

Michael J. Munro, for the appellant.

Robert A. Mulligan, for the respondent.

The judgment of the Court was delivered orally by

1 Cory J. -- We are all in agreement with the minority reasons given by Madam Justice Rowles. The appeal is therefore allowed, the conviction is set aside and an acquittal is directed.

Judgment accordingly.

Solicitor for the appellant: Michael J. Munro, Victoria.

Solicitor for the respondent: Robert A. Mulligan, Victoria.

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