R. v. Genser, [1987] 2 S.C.R. 685
Steven Arnold Genser Appellant
v.
Her Majesty The Queen Respondent
indexed as: r. v. genser
File No.: 19825.
1987: December 4.
Present: McIntyre, Lamer, Wilson, La Forest and L'Heureux‑Dubé JJ.
on appeal from the court of appeal for manitoba
Criminal law ‑‑ Conspiracy ‑‑ Conspiracy to traffic in a narcotic ‑‑ Directed verdict of acquittal ‑‑ Whether there was evidence upon which a jury could reasonably have convicted.
APPEAL from a judgment of the Manitoba Court of Appeal (1986), 1986 4942 (MB CA), 39 Man. R. (2d) 203, 27 C.C.C. (3d) 264, allowing the Crown's appeal from a judgment of the Manitoba Court of Queen's Bench (1985), 1985 3887 (MB QB), 36 Man. R. (2d) 31, acquitting the accused on a charge of conspiracy to traffic in narcotics. Appeal dismissed.
Hersh E. Wolch, Q.C., for the appellant.
P. M. Kremer and D. J. Avison, for the respondent.
The judgment of the Court was delivered orally by
- McIntyre J.‑‑This is an appeal as of right. We are all of the view that the Court of Appeal was right in finding on the particular facts of this case that there was evidence upon which a jury, properly instructed, could reasonably have convicted. Accordingly, the appeal is dismissed.
Judgment accordingly.
Solicitors for the appellant: Wolch, Pinx, Tapper & Scurfield, Winnipeg.
Solicitor for the respondent: Frank Iacobucci, Ottawa.