Hyperlawhypertext legal database Cochrane v. R. [1978] 1 SCR 972

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Cochrane v. R.

[1978] 1 SCR 972 Court SCC Decision date 1977-12-12 English

PartiesRobert James Cochrane Appellant·Her Majesty The Queen Respondent

Counsel (4)
S. Goldberg, for the appellant.
A.M. Stewart, for the respondent.
Solicitor for the appellant: S. Goldberg, Vancouver.
Solicitor for the respondent: A.M. Stewart, Vancouver.

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

Delivered by Majority

On appeal from British Columbia

Subjects Criminal law

Contents

The judgment of the Court was delivered orally by.

THE CHIEF JUSTICE—We do not need to hear you in reply Mr. Goldberg. We are all of the opinion that the appeal should be allowed and the conviction quashed. It appears from the trial judge’s reasons that he tried and convicted the accused under the predecessor of the present s. 309(1) of the Criminal Code under which the offence was differently formulated; and his report to the Court of Appeal candidly recognized the merit of the grounds of appeal to that Court. Having come to the conclusion on these grounds that the conviction should be quashed, it is unnecessary for us to consider any of the other points raised in argument. The appeal is accordingly allowed and the conviction is quashed.
Judgment accordingly.
[Page 973]
Solicitor for the appellant: S. Goldberg, Vancouver.
Solicitor for the respondent: A.M. Stewart, Vancouver.

Footnotes

  1. [1] [1977] 1 W.W.R. 446, 33 C.C.C. (2d) 549.

Statutes and regulations cited