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Duncan et al. v. The Queen

[1980] 1 SCR 783 Court SCC Decision date 1979-12-21 English

PartiesThomas Maxwell Duncan, John Albert Smith and Robert Porter Appellants·Her Majesty The Queen Respondent

Counsel (4)
John D. Banks, for the appellants.
Mark M. de Weerdt, Q.C., for the respondent.
Solicitors for the appellants: Clarke, Covell, Banks, Vancouver.
Solicitor for the respondent: Roger Tassé, Ottawa.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves; McIntyre, William Rogers

Delivered by Judgment of the Court — MCINTYRE J.

On appeal from British Columbia

Subjects Criminal law

Contents

Judgment of the Court — MCINTYRE J.

The judgment of the Court was delivered by

MCINTYRE J.—The appellants were convicted on March 23 of 1976 of conspiring to traffic in heroin. Douglas Garnet Palmer and Donald Palmer, the appellants in Douglas Garnet Palmer and Donald Palmer v. The Queen, judgment in which appeal is given concurrently, were named in the same indictment with certain others as conspirators and convicted with the present appellants. The appellants appealed to the Court of Appeal for British Columbia and upon that appeal applied to have certain fresh evidence received before the Court of Appeal. This motion was refused and their appeal dismissed. They appeal to this Court.
[Page 784]
This appeal was heard with the appeal of the Palmers. The appellants raised the same grounds of appeal and contended for the reception in evidence of the same evidence. Counsel adopted the arguments advanced for the Palmers and added certain supplementary submissions.
I am unable to see any difference in the two appeals and for the reasons given in Douglas Garnet Palmer and Donald Palmer v. The Queen, supra, I would dismiss the appeal.
Appeal dismissed.
Solicitors for the appellants: Clarke, Covell, Banks, Vancouver.
Solicitor for the respondent: Roger Tassé, Ottawa.

Cases cited

  • Donald Palmer v. The Queen Donald Palmer v. The Queen, supra