R. v. Apaya and Gunn, (1980) 4 Man.R.(2d) 269 (CA)

• Judge: Freedman, C.J.M., Monnin and Hall, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: June 27, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 4 Man.R.(2d) 269 (CA)

R. v. Apaya (1980), 4 Man.R.(2d) 269 (CA)

MLB headnote and full text

R. v. Apaya and Gunn

Indexed As: R. v. Apaya and Gunn

Manitoba Court of Appeal

Freedman, C.J.M., Monnin and Hall, JJ.A.

June 27, 1980.

Summary:

This headnote contains no summary.

Criminal Law - Topic 2656

Conspiracies - Conspiracy in Canada to commit crime in another country - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 423(3) - The accused were charged with conspiring in Canada to export arms from the United States in contravention of United States criminal law - The trial judge acquitted the accused after refusing to allow the Crown to amend the indictment at the end of the trial to conform with the evidence, a refusal which resulted from his failure to correctly interpret and apply s. 423(3) - The Manitoba Court of Appeal allowed the Crown's appeal and set aside the acquittals - The Court of Appeal held that s. 423(3) applied, where it was proved that the accused committed a conspiracy in Canada to commit an act which was a crime in the United States.

Criminal Law - Topic 4271

Indictable offences - Indictment - Amendment - Circumstances permitting - At the conclusion of the Crown's case the Crown moved to amend the indictment to conform with the evidence - Although he stated that the accused were not caught by surprise by the motion to amend, the trial judge denied the motion and acquitted the accused - The Manitoba Court of Appeal allowed the Crown's appeal and held that the motion to amend should have been allowed, where the accused were not surprised by the motion or in any way prejudiced by it.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 5(2) [para. 3]; sect. 423(3) [para. 2].

Counsel:

P.M. Kremer, for the Crown;

J.C. Prober, for the accused Apaya;

R. Krindle, for the accused Gunn.

This case was heard on February 11, 1980, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN and HALL, JJ.A., of the Manitoba Court of Appeal.

On June 27, 1980, MONNIN, J.A., delivered the following judgment for the Court of Appeal: