R. v. Hall, 1989 CanLII 10 (SCC), [1989] 2 SCR 1117
Austin Miles Hall Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Hall
1989: November 30.
Present: Lamer, Wilson, L'Heureux‑Dubé, Gonthier and Cory JJ.
on appeal from the court of appeal for manitoba
Criminal law ‑‑ Directed verdict ‑‑ Whether trial judge erred in directing a verdict of acquittal.
Cases Cited
Applied: R. v. Monteleone, [1987] 2 S.C.R. 154; Mezzo v. The Queen, [1986] 1 S.C.R. 802.
APPEAL from a judgment of the Manitoba Court of Appeal1, allowing the Crown's appeal from the accused's acquittal on a charge of second degree murder. Appeal dismissed.
Chris Martin, for the appellant.
Gregg Lawlor, for the respondent.
The judgment of the Court was delivered orally by
Lamer J. ‑‑ This appeal, which comes to us as of right, must fail under the test set out in 1987 by this Court in R. v. Monteleone, [1987] 2 S.C.R. 154, and previously by a majority of this Court in Mezzo v. The Queen, [1986] 1 S.C.R. 802. The appeal is accordingly dismissed.
Judgment accordingly.
Solicitors for the appellant: Wolch, Pinx, Tapper, Scurfield, Winnipeg.
Solicitor for the respondent: The Attorney General of Manitoba, Winnipeg.