R. v. Andres, [1982] 2 WWR 249

JudgeCulliton, C.J.S., Brownridge and Hall, JJ.A.
CourtCourt of Appeal for Saskatchewan
Case DateSeptember 06, 1979
JurisdictionSaskatchewan
Citations[1982] 2 WWR 249;[1979] SJ No 520 (QL);(1979), 1 Sask.R. 96 (CA);1979 CanLII 2238 (SK CA);1979 CanLII 2238 (BS SC);1 Sask R 96

R. v. Andres (1979), 1 Sask.R. 96 (CA)

MLB headnote and full text

R. v. Andres

(No. 8414)

Indexed As: R. v. Andres

Saskatchewan Court of Appeal

Culliton, C.J.S., Brownridge and Hall, JJ.A.

September 6, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 7544

Summary conviction proceedings - Appeal on record to "appeal court" - Scope of appeal - The accused was charged and convicted of offences under s. 234 and s. 235 of the Criminal Code - On appeal pursuant to s. 755 of the Criminal Code the Saskatchewan District Court acquitted the accused of both offences - The Saskatchewan Court of Appeal set aside the acquittals of the accused because the District Court exceeded its powers on appeal - The Court of Appeal stated that the District Court improperly substituted its view of the facts for that of the trial judge - The Court of Appeal stated that the District Court was empowered on such an appeal to set aside a conviction if the verdict was unreasonable or could not be supported by the evidence - See paragraph 9.

Cases Noticed:

R. v. McKenzie (1955), 111 C.C.C. 317, refd to. [para. 4].

R. v. Antonelli (1978), 38 C.C.C.(2d) 206, refd to. [para. 8].

R. v. Dhillon (1973), 9 C.C.C.(2d) 414, refd to. [para. 10].

R. v. Nelson, [1979] 3 W.W.R. 97, refd to. [para. 11].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 748, sect. 755.

Counsel:

V.J. Longworth, Q.C., for the accused;

D. Murray Brown, for the appellant Crown.

This appeal was heard by CULLITON, C.J.S., BROWNRIDGE and HALL, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Saskatchewan Court of Appeal was delivered by CULLITON, C.J.S., at Regina, Saskatchewan, on September 6, 1979.

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    ...its own view of the evidence for that of the trial judge, especially in matters involving findings of credibility. (R. v. Andres, [1982] 2 W.W.R. 249 at 251, 1 Sask. R. 96 (C.A.); R. v. S.(P.L.), [1991] 1 S.C.R. 909, [1991] S.C.J. No. 37 [24]      For appeals brought on the basis of an erro......
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