R. v. Mills 1995 SCC mini 34

R. v. Mills, 1995 CanLII 141 (SCC), [1995] 1 SCR 902

Stephan Mills Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Mills

File No.: 23728.

1995: April 12.

Present: Iacobucci J.

motion for an order of reversal of judgment

Criminal law -- Appeal -- Supreme Court of Canada -- Consent to reversal of judgment -- Supreme Court Act, R.S.C., 1985, c. S-26, s. 70.

Statutes and Regulations Cited

Criminal Code, R.S.C., 1985, c. C-46, s. 253(b) [rep. & sub. c. 32 (4th Supp.), s. 59].

Supreme Court Act, R.S.C., 1985, c. S-26, s. 70.

MOTION for an order of reversal of judgment. Motion granted.

Lawrence Ben-Eliezer, for the appellant.

Ian R. Smith, for the respondent.

The following are the reasons of the order delivered by

1Iacobucci J. -- This is an application by Stephan Mills (appellant) for an order, pursuant to s. 70 of the Supreme Court Act, R.S.C., 1985, c. S-26, reversing the judgment of the Court of Appeal for Ontario (1993), 1993 CanLII 3380 (ON CA), 81 C.C.C. (3d) 353, 63 O.A.C. 109, 22 C.R. (4th) 1, 15 C.R.R. (2d) 212, 45 M.V.R. (2d) 107, dated May 28, 1993, which upheld the judgment of Paisley J. of the Ontario Court (General Division), dated November 3, 1992, which upheld the order of Judge Waldman of the Ontario Court (Provincial Division), dated May 27, 1992, by which the appellant was convicted of driving "over 80" contrary to s. 253(b) of the Criminal Code, R.S.C., 1985, c. C-46, and fined $500 and prohibited from driving for one year.

2Upon reading the materials filed by the parties including the affidavit of Lawrence Ben-Eliezer sworn on March 31, 1995, and the consent of the parties to a reversal of judgment and a judgment pursuant to s. 70 of the Supreme Court Act acquitting the appellant of said charge;

3It is hereby ordered that:

The judgment of the Court of Appeal for Ontario, dated May 28, 1993, is reversed and an acquittal of the charge of "over 80" is entered in substitution thereof.