R. v. Guthrie, [1992] 2 S.C.R. 222

Robert Guthrie Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Guthrie

File No.: 22371.

1992: June 16.

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

on appeal from the court of appeal for alberta

Criminal law ‑‑ Fraud ‑‑ Charge to jury ‑‑ Allegation of misrepresentation of value of strip bonds offered to bank as security ‑‑ Vital issue as to whom bank relied on when it made the loans adequately dealt with.

APPEAL from a judgment of the Albert Court of Appeal dismissing appeals first from conviction before Wachowich J. and then from the sentence imposed. Appeal dismissed.

Bryan D. Newton, for the appellant.

T. J. Matchett, for the respondent.

The judgment of the Court was delivered orally by

Lamer C.J. -- The Court is ready to hand down judgment. The judgment will be pronounced by Justice Cory.

Cory J. -- We are in agreement with the reasoning and conclusion of the majority of the Court of Appeal. The trial judge in his charge to the jury fairly and properly reviewed the relevant evidence. He then placed before them the applicable principles of law. He specifically advised them, on several occasions, that they must decide the vital issue as to whom the bank relied upon when it made the loans. Looking at the charge as a whole, it cannot be faulted.

The appeal is therefore dismissed.

Judgment accordingly.

Solicitors for the appellant: Lord & Russell, Calgary.

Solicitor for the respondent: T. J. Matchett (Agent of the Attorney General for Alberta), Edmonton.