R. v. Hearn, [1989] 2 S.C.R. 1180

James Hearn and Edward Fahey Appellants

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Hearn

File No.: 21471.

1989: December 8.

Present: Wilson, L'Heureux‑Dubé, Gonthier, Cory and McLachlin JJ.

on appeal from the court of appeal for newfoundland

Criminal law ‑‑ Obstructing justice ‑‑ Accused wilfully counselling a witness to give false testimony in a pending trial ‑‑ False evidence proposed could not affect the outcome of the trial ‑‑ Whether accused committed the offence of attempting to obstruct justice ‑‑ Criminal Code, R.S.C. 1970, c. C‑34, s. 127(2).

APPEAL from a judgment of the Newfoundland Court of Appeal (1989), 1989 CanLII 3938 (NL CA), 75 Nfld. & P.E.I.R. 13, 234 A.P.R. 13, 48 C.C.C. (3d) 376, allowing the Crown's appeal from the accused's acquittal on a charge of attempting to obstruct justice. Appeal dismissed.

Randell Earle, for the appellants.

Wayne Gorman, for the respondent.

The judgment of the Court was delivered orally by

Wilson J. ‑‑ We are all of the view that this appeal which comes to us as of right must be dismissed for the reasons given by the Chief Justice of Newfoundland.

Judgment accordingly.

Solicitors for the appellants: O'Dea, Strong, Earle, St. John's.

Solicitor for the respondent: The Department of Justice, St. John's.