Supreme Court of Canada

Paonessa and Paquette v. R., [1983] 1 S.C.R. 660

Date: 1983-05-19

Luigi Joseph Paonessa and Kelly Donald Paquette (Plaintiffs) Appellants;

and

Her Majesty The Queen (Defendant) Respondent.

File No.: 17097.

1983: May 19.

Present: Ritchie, McIntyre, Chouinard, Lamer and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Criminal law—Evidence—Conspiracy to commit arson—Directed verdict of acquittal—Whether enough evidence to warrant consideration by the jury.

APPEAL from a judgment of the Ontario Court of Appeal (1982), 1982 CanLII 66 (ON CA), 66 C.C.C. (2d) 300, 36 O.R. (2d) 221, 135 D.L.R. (3d) 277, allowing the Crown’s appeal from the acquittal of the accused on a charge of conspiracy to commit arson. Appeal dismissed.

Guy Ungaro, for the appellant Paonessa.

Damien Frost, for the respondent.

The judgment of the Court was delivered orally by

RITCHIE J.—We are all of the opinion that there was sufficient evidence adduced at the trial to require the case to be put to the jury.

The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant Paonessa: Ungaro & Barycky, Niagara Falls.

Solicitor for the respondent: The Ministry of the Attorney General, Toronto.