R. v. S. (D.), [1991] 3 S.C.R. 681

D. S., a young person Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. S. (D.)

File No.: 22377.

1991: December 2.

Present: Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the nova scotia supreme court, appeal division

Criminal law ‑‑ Uttering threats ‑‑ Young offender convicted of threatening death ‑‑ Trial judge considering inadmissible and prejudicial evidence ‑‑ Curative provision in Criminal Code not applicable ‑‑ Conviction quashed.

APPEAL from a judgment of the Nova Scotia Supreme Court, Appeal Division (1991), 1991 CanLII 4531 (NS CA), 104 N.S.R. (2d) 85, 283 A.P.R. 85, dismissing the accused's appeal from his conviction by Judge Niedermayer of the Youth Court on a charge of threatening to cause death. Appeal allowed.

Statutes and Regulations Cited

Criminal Code, R.S.C., 1985, c. C‑46, s. 686(1)(b)(iii).

Chandra Gosine, for the appellant.

Robert E. Lutes, for the respondent.

//Sopinka J.//

The judgment of the Court was delivered orally by

Sopinka J. ‑‑ In our opinion, the learned trial judge considered evidence that was inadmissible and prejudicial which may have affected the finding of guilt.

This is not a case for the application of the curative provision contained in s. 686(1)(b)(iii) of the Criminal Code, R.S.C., 1985, c. C‑46.

Accordingly, the appeal is allowed and the finding of guilt is quashed.

Judgment accordingly.

Solicitor for the appellant: Chandra Gosine, Halifax.

Solicitor for the respondent: Robert E. Lutes, Halifax.