R. v. Shawara, (1979) 2 Man.R.(2d) 324 (CA)

• Judge: Hall, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 01, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 2 Man.R.(2d) 324 (CA)

R. v. Shawara (1979), 2 Man.R.(2d) 324 (CA)

MLB headnote and full text

R. v. Shawara

Indexed As: R. v. Shawara

Manitoba Court of Appeal

Hall, Matas and Huband, JJ.A.

November 1, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5020

Appeals - Indictable offences - Setting aside verdicts - Verdict unreasonable or unsupported by evidence - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 613(1)(a)(i) - The accused was convicted on circumstantial evidence of break, enter and theft - The Manitoba Court of Appeal, Huband, J.A., dissenting, dismissed the appeal of the accused on the ground that a conviction on the evidence was not unreasonable or unsafe.

Cases Noticed:

R. v. Corbett (1974), 1 N.R. 258; 25 C.R.N.S. 296, consd. [para. 31].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 613(1)(a)(i).

Counsel:

J.G. Dangerfield, for the respondent;

M.S. McManus, for the accused/appellant.

This case was heard on September 28, 1979, at Winnipeg, Manitoba, before HALL, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On November 1, 1979, the judgment of the Court of Appeal was delivered and the following opinions were filed:

MATAS, J.A. - see paragraphs 1 to 7;

HUBAND, J.A., dissenting - see paragraphs 8 to 32.

HALL, J.A., concurred with MATAS, J.A.