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R. v. Risby

[1978] 2 SCR 139 Court SCC Decision date 1978-02-28 English

PartiesHer Majesty The Queen Appellant·John Leo Howard Risby Respondent

Counsel (4)
W.B. Scarth and A.S. Fradkin, for the appellant.
P. Hart, for the respondent.
Solicitor for the appellant: R. Tassé, Deputy Attorney General of Canada, Ottawa.
Solicitor for the respondent: P. Hart, 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, Mr. Hart. We are all of the opinion that the answer of the accused was admissible in this case as part of the res gestae and that what was said by Ritchie J. in The Queen v. Graham[1], at p. 214, as to res gestae is not limited to cases of possession of recently stolen goods. The appeal is accordingly dismissed.
[Page 140]
Judgment accordingly.
Solicitor for the appellant: R. Tassé, Deputy Attorney General of Canada, Ottawa.
Solicitor for the respondent: P. Hart, Vancouver.

Footnotes

  1. [1] [1974] S.C.R. 206.