R. v. Grover, [1991] 3 S.C.R. 387

Russell Alan Grover Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Grover

File No.: 21942.

1991: November 12.

Present: Lamer C.J. and Sopinka, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for ontario

Criminal law ‑‑ Jury ‑‑ Questions from jury ‑‑ Crown's address to jury ‑‑ Trial judge unintentionally misleading jury as to availability of assistance on questions of fact ‑‑ Crown's address to jury not fair and dispassionate presentation of its case ‑‑ New trial ordered.

APPEAL from a judgment of the Ontario Court of Appeal (1990), 38 O.A.C. 219, 56 C.C.C. (3d) 532, dismissing the accused's appeal from his conviction on a charge of sexual assault. Appeal allowed.

Brian H. Greenspan, for the appellant.

W. Graeme Cameron, for the respondent.

//Lamer C.J.//

The judgment of the Court was delivered orally by

Lamer C.J. ‑‑ We agree with the dissenting reasons of Mr. Justice Houlden, in the Court of Appeal. Accordingly, the appeal is allowed and a new trial is ordered.

Judgment accordingly.

Solicitors for the appellant: Greenspan, Humphrey, Toronto.

Solicitor for the respondent: W. Graeme Cameron, Toronto.