The accused was convicted by a jury of engaging in anal intercourse with his step-son.
While the accused's appeal was reserved, the trial judge submitted an unsolicited report to the Court of Appeal stating he would not have convicted the accused and considered the verdict unsafe.
The Court of Appeal relied on this report to quash the conviction and order a new trial.
The Supreme Court of Canada allowed the Crown's appeal and restored the conviction, holding that a Court of Appeal should not routinely request a report from a trial judge under s. 682(1) of the Criminal Code, and that the unsolicited report in this case was unauthorized and should not have been considered.
Without the report, there was ample evidence to support the jury's verdict, and the trial judge's charge to the jury was adequate.