Supreme Court of Canada

R. v. Sophonow, [1984] 2 S.C.R. 524

Date: 1984-12-10

Her Majesty The Queen Appellant;

and

Thomas Sophonow Respondent.

File No.: 18575.

1984: December 10.

Present: Dickson C.J. and Estey, McIntyre, Chouinard, Lamer, Wilson and Le Dain JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR MANITOBA

Criminal law—Charge to jury—Theory of defence—Trial judge not adequately presenting the theory of defence to jury—Conviction quashed and new trial ordered—Section 613(I)(b)(iii) of the Criminal Code inapplicable.

APPEAL from a judgment of the Manitoba Court of Appeal (1984), 1984 CanLII 2912 (MB CA), 11 D.L.R. (4th) 24, 12 C.C.C. (3d) 272, 29 Man. R. (2d) 1, quashing the accused’s conviction and ordering a new trial. Appeal dismissed.

J.G. Dangerfield, Q.C., and Stuart Whitley, for the appellant.

G. Greg Brodsky, Q.C., and Marty Minuk, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—It will not be necessary to call upon you Mr. Brodsky and Mr. Minuk. We are in substantial agreement with the majority judgment of the Manitoba Court of Appeal. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitor for the appellant: The Attorney General for the Province of Manitoba, Winnipeg.

Solicitors for the respondent: Walsh, Micay & Company, Winnipeg.