R. v. S. (G.), [1995] 2 S.C.R. 411

G. S. Appellant

v.

Her Majesty The Queen Respondent

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

File No.: 24337.

1995: May 26.

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

on appeal from the court of appeal for newfoundland

Criminal law ‑‑ Charge to jury ‑‑ Trial judge in error in commenting to jury on failure of accused to call a witness ‑‑ No substantial wrong or miscarriage of justice.

APPEAL from a judgment of the Newfoundland Court of Appeal, September 9, 1994, dismissing an appeal from conviction by Aylward J. sitting with jury. Appeal dismissed.

Derek J. Hogan, for the appellant.

Wayne Gorman, for the respondent.

The judgment of the Court was delivered orally by

[1] Sopinka J.‑‑ This is an appeal as of right. We all agree with the Court of Appeal that it was an error on the part of the trial judge to comment on the failure to call as a witness the private investigator, Ross. We are, however, of the opinion that the majority of the Court of Appeal was right in concluding that no substantial wrong or miscarriage of justice was occasioned by the error. Accordingly, the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Newfoundland Legal Aid Commission, St. John's.

Solicitor for the respondent: Department of Justice, Special Prosecutions Office, St. John's.