R. v. Robicheau (M.D.), (2002) 289 N.R. 217 (SCC)

• Judge: Iacobucci, Bastarache, Binnie, Arbour and LeBel, JJ.
• Court: Supreme Court of Canada
• Case Date: Tuesday May 21, 2002
• Jurisdiction: Canada (Federal)
• Citations: (2002), 289 N.R. 217 (SCC);2002 SCC 45;[2002] 2 SCR 643;289 NR 217;165 CCC (3d) 1;206 NSR (2d) 1;1 CR (6th) 4

R. v. Robicheau (M.D.) (2002), 289 N.R. 217 (SCC)

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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Temp. Cite: [2002] N.R. TBEd. MY.073

Michael Derrick Robicheau (appellant) v. Her Majesty The Queen (respondent)

(28545)

Indexed As: R. v. Robicheau (M.D.)

Supreme Court of Canada

Iacobucci, Bastarache, Binnie, Arbour and LeBel, JJ.

May 21, 2002.

Summary:

An accused charged with sexual assault was convicted of the lesser included offence of assault. The Crown appealed.

The Nova Scotia Court of Appeal, Roscoe, J.A., dissenting, in a judgment reported (2001), 193 N.S.R.(2d) 42; 602 A.P.R. 42 allowed the appeal and ordered a new trial on the sexual assault charge. The accused appealed.

The Supreme Court of Canada allowed the appeal and restored the acquittal, agreeing substantially with the dissenting reasons of Roscoe, J.A.

Criminal Law - Topic 670

Sexual offences - Rape or sexual assault - Sexual assault defined - The accused ad­mittedly intended to rob the sole female employee of a Subway franchise - He admitted jumping over the counter and holding her down on the floor - The employee alleged that the accused rubbed her leg and stated that he was going to rape her - The accused admitted assaulting the employee to effect a robbery, but denied any sexual intent - The trial judge stated that "what she experienced was an invasion of her bodily and sexual integrity", but went on to acquit the accused of sexual assault on the basis that there was a reasonable doubt as to whether the assault was of a sexual nature - The accused was convicted of the included offence of assault - The majority of the Nova Scotia Court of Appeal ordered a new trial on the sexual assault charge - The trial judge's statement and her verdict were inconsistent - The trial judge may have misapplied a legal principle or misdirected herself as to the legal effect after finding an invasion of sexual integrity - The conflicting testimony and uncertainty of the trial judge's fact findings precluded the court from substi­tuting a conviction for sexual assault - Roscoe, J.A., dissenting, found that the trial judge properly considered all of the evidence and properly applied the principle of reasonable doubt - The Supreme Court of Canada restored the acquittal, agreeing substantially with the dissenting reasons of Roscoe, J.A.

Criminal Law - Topic 4950

Appeals - Indictable offences - New trials -Grounds - Misdirection by trial judge - General - [See Criminal Law - Topic 670 ].

Counsel:

Roger A. Burrill, for the appellant;

Kenneth W.F. Fiske, Q.C. and Peter P. Rosinski, for the respondent.

This appeal was heard before Iacobucci, Bastarache, Binnie, Arbour and LeBel, JJ., of the Supreme Court of Canada.

On May 21, 2002, Iacobucci, J., delivered the following oral judgment in both official languages for the court.