Supreme Court of Canada

Topey v. The Queen, [1983] 2 S.C.R. 59

Date: 1983-10-12

Adrian Binsley Topey Appellant;

and

Her Majesty The Queen Respondent.

File No.: 17072.

1983: October 12.

Present: Dickson, Beetz, Estey, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA

Criminal law—Evidence—Witnesses—Sexual intercourse with child and gross indecency—Complainant under 14 years old—Trial judge accepting complainant’s evidence but acquitting—Error—Duty to convict—Corroborative evidence.

APPEAL from a judgment of the Manitoba Court of Appeal[^1], allowing a Crown’s appeal from the accused’s acquittal on charges of sexual intercourse with a female under the age of 14 years and gross indecency contrary to ss. 146(1) and 157 of the Criminal Code. Appeal dismissed.

Ken Zaifman, for the appellant.

J.G.B. Dangerfield, Q.C., for the respondent.

The judgment of the Court was delivered orally by

DICKSON J.—We are all of the view that the appeal fails and must be dismissed. We find no error in the majority judgment of the Court of Appeal of Manitoba.

Judgment accordingly.

Solicitors for the appellant: Margolis, Kaufman, Cassidy, Zaifman & Swartz, Winnipeg.

Solicitor for the respondent: The Deputy Attorney-General for the Province of Manitoba, Winnipeg.

[^1]: Summarized at 8 W.C.B. 39.