R. v. Logiacco, (1984) 2 O.A.C. 177 (CA)

• Judge: Dubin, Goodman and Cory, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 10, 1984
• Jurisdiction: Ontario
• Citations: (1984), 2 O.A.C. 177 (CA)

R. v. Logiacco (1984), 2 O.A.C. 177 (CA)

MLB headnote and full text

R. v. Logiacco

Indexed As: R. v. Logiacco

Ontario Court of Appeal

Dubin, Goodman and Cory, JJ.A.

February 10, 1984.

Summary:

The accused was convicted of robbery by a judge sitting with a jury. The accused appealed.

The Ontario Court of Appeal allowed the appeal, set aside the guilty verdict and ordered a new trial.

Criminal Law - Topic 5432

Evidence - Cross-examination of accused - Relevancy - The Ontario Court of Appeal stated that questions re unproved suspicions of crime by the accused are irrelevant and improper on cross examination of an accused by Crown counsel (see paragraph 21) - The court also referred to other examples of irrelevant and improper cross-examination - See paragraphs 25 to 27.

Criminal Law - Topic 4961

New trials - Grounds, abusive cross-examination by Crown - The Ontario Court of Appeal ordered a new trial where the Crown counsel in cross-examining the accused asked irrelevant and improper questions.

Criminal Law - Topic 4379

Jury charge - Charge re evidence of character of an accused - At trial the accused led evidence of his good character - The Ontario Court of Appeal stated that the trial judge erred in his charge to the jury when he failed to state that the jury could use the character evidence as the basis for an inference that the accused was not likely to have committed the crime charged - See paragraph 11.

Barristers and Solicitors - Topic 1803

The prosecutor, duties of - The Ontario Court of Appeal referred to the duties of a Crown prosecutor - See paragraph 14.

Cases Noticed:

R. v. McMillan (1975), 15 N.R. 20; 23 C.C.C.(2d) 160 (C.A.), aff'd. (1977), 33 C.C.C.(2d) 360 (S.C.C.), refd to. [para. 11].

R. v. Dees (1978), 40 C.C.C.(2d) 58, refd to. [para. 11].

R. v. Savion and Mizrahi (1980), 52 C.C.C.(2d) 276 (Ont. C.A.), refd to. [para. 11].

Boucher v. The Queen (1954), 110 C.C.C. 263 (S.C.C.), refd to. [para. 16].

Dupuis v. The Queen (1967), 3 C.R.N.S. 75 (Que. C.A.), refd to. [para. 16].

Stirland v. Director of Public Prosecutions, [1944] A.C. 315, refd to. [para. 21].

Morris v. The Queen (1978), 23 N.R. 109; 91 D.L.R.(3d) 161, refd to. [para. 21].

Markadonis v. The King (1935), 64 C.C.C. 41, refd to. [para. 26].

R. v. Ruptash (1982), 36 A.R. 346; 68 C.C.C.(2d) 182, refd to. [para. 28].

R. v. Brown and Murphy (1982), 41 A.R. 69; 1 C.C.C.(3d) 107, refd to. [para. 28].

Counsel:

Marc Rosenberg, for the appellant;

Brian J. Gover, for the respondent, Crown.

This appeal was heard by Dubin, Goodman and Cory, JJ.A., of the Ontario Court of Appeal on December 20, 1983.

The judgment of the Court of Appeal was delivered by Cory, J.A., and released on February 10, 1984.