Supreme Court of Canada

R. v. Garlow, [1984] 1 S.C.R. 386

Date: 1984-05-03

Her Majesty The Queen (Plaintiff) Appellant;

and

Mark Anthony Garlow (Defendant) Respondent.

File No.: 17128.

1984: May 3.

Present: Ritchie, Beetz, Estey, Mclntyre, Chouinard, Lamer and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Criminal law—Attempt to break and enter with intent to commit an indictable offence—Trial judge unable to find what specific indictable offence accused intended to commit—Proof of intent to commit a specific indictable offence necessary for conviction—Criminal Code, R.S.C. 1970, c. C-34, ss. 306(1)(a), 306(2).

APPEAL from a judgment of the Ontario Court of Appeal (1982), 1982 CanLII 3849 (ON CA), 10 C.C.C. (3d) 575, allowing respondent’s appeal and quashing his conviction on a charge of attempting to break and enter with intent to commit an indictable offence contrary to s. 306(1)(a) of the Criminal Code. Appeal dismissed.

David A. Fairgrieve, for the appellant.

Andrew Kerekes and Irwin Koziebrocki, for the respondent.

The judgment of the Court was delivered orally by

RITCHIE J.—For the reasons given by the Court of Appeal the appeal is dismissed.

Judgment accordingly.

Solicitor for the appellant: The Attorney General for Ontario, Toronto.

Solicitors for the respondent: Kerekes, Collins, Toronto.