R. v. Anderson

THE CHIEF JUSTICE—We are all of the opinion that this appeal should be allowed, the judgment of the British Columbia Court of Appeal should be set aside and the conviction restored. Assuming that, as a result of the evidence, the information on which the accused Anderson was tried was vulnerable—and we make no finding on this point—no motion was made to quash the information, and the issue of its alleged nullity was only raised for the first time in the Court of Appeal and by an amendment to the notice of appeal. The trial was conducted and completed upon an information valid on its face to which no objection was taken. We do not think that the validity of the information was open to consideration by the Court of Appeal in these circumstances.

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Solicitors for the appellant: Pearlman & Lindholm, Victoria.

Solicitors for the respondent: Owen-Flood, Cox & Turnham, Victoria.