Supreme Court of Canada

R. v. Sherwood and Ricard, [1981] 1 S.C.R. 335

Date: 1981-05-06

Her Majesty The Queen Appellant;

and

Randy George Sherwood and Joseph Jean Ricard Respondents.

1981: May 6.

Present: Laskin C.J. and Martland, Ritchie, Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Criminal law—Appeal—No question of law alone on which dissent in Court of Appeal—Appeal dismissed.

APPEAL pursuant to s. 621(1)(a) of the Criminal Code from a judgment of the Court of Appeal for British Columbia pronounced on June 26, 1980, whereby the appellant’s appeal, taken in accordance with the provisions of s. 605(1)(a) of the Criminal Code from the judgment of Provenzano C.C.J. pronounced on June 15, 1979, acquitting the respondents on two counts of breaking, entering and theft, was dismissed. Appeal dismissed.

W.G. Burke-Robertson, Q.C., for the appellant.

R.K. McRoberts, for the respondent Ricard.

L.A. Best, for the respondent Sherwood.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. McRoberts and Mr. Best. We are all of the opinion that there was in this case no question of law alone on which there was a dissent and, accordingly, this appeal must be dismissed.

Judgment accordingly.

Solicitor for the appellant: R.W. Cairns, Cranbrook.

Solicitors for the respondent Sherwood: Hislop & Co., Cranbrook.

Solicitor for the respondent Ricard: R.V. McRoberts, Invermere.