R. v. Gillespie, (1987) 86 N.B.R.(2d) 7 (CA)

• Judge: Angers, Rice and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: November 12, 1987
• Jurisdiction: New Brunswick
• Citations: (1987), 86 N.B.R.(2d) 7 (CA)

R. v. Gillespie (1987), 86 N.B.R.(2d) 7 (CA);

    86 R.N.-B.(2e) 7; 219 A.P.R. 7

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty the Queen (appellant) v. Mark Douglas Gillespie (respondent)

(123/87/CA)

Indexed As: R. v. Gillespie

New Brunswick Court of Appeal

Angers, Rice and Ryan, JJ.A.

November 12, 1987.

Summary:

The accused was acquitted by a jury on a charge of theft. The Crown appealed.

The New Brunswick Court of Appeal allowed the appeal, set aside the acquittal and ordered a new trial.

Criminal Law - Topic 4352

Procedure - Jury charge - Directions on evidence generally - A trial judge told the jury to give little weight to some evidence and expressed his views respecting other evidence - Generally, he invited the jury to speculate on possibilities and to draw inferences, neither of which was justified by the evidence - The New Brunswick Court of Appeal held that the judge's errors warranted a new trial - See paragraphs 3 to 5.

Criminal Law - Topic 4361

Procedure - Jury charge - Directions regarding identification - The Crown's case in a jury trial for theft was based on direct and circumstantial evidence - The principal issue was identification of the accused as the thief - The New Brunswick Court of Appeal held that it was the duty of the trial judge to instruct the jury on the law regarding identification and to explain the distinction between direct and circumstantial evidence, especially as it related to identification - See paragraph 2.

Cases Noticed:

Mezzo v. R. (1986), 27 C.C.C.(3d) 97, refd to. [para. 2].

R. v. Lanigan (1984), 53 N.B.R.(2d) 388; 138 A.P.R. 388, refd to. [para. 2].

Counsel:

William J. Corby, for the appellant;

Peter Corey, for the respondent.

This appeal was heard before Angers, Rice and Ryan, JJ.A., of the New Brunswick Court of Appeal on November 12, 1987, when the following decision was delivered orally by the court.