R. v. Marinaro, [1996] 1 S.C.R. 462

Giovanni Marinaro Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Marinaro

File No.: 24322

1996: February 29.

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

on appeal from the court of appeal for ontario

Criminal law -- Charge to jury -- Misdirection as to consciousness of guilt -- Court of appeal finding no substantial wrong and upholding verdict -- Whether substantial wrong.

APPEAL from a judgment of the Ontario Court of Appeal (1994), 1994 CanLII 1470 (ON CA), 95 C.C.C. (3d) 74, dismissing an appeal from conviction by Then J. sitting with jury. Appeal allowed.

Timothy E. Breen, for the appellant.

W. Graeme Cameron, for the respondent.

The judgment of the Court was delivered orally by

[1] Sopinka J. -- The appeal is allowed for the reasons of Dubin C.J. (1994), 1994 CanLII 1470 (ON CA), 95 C.C.C. (3d) 74. The conviction and judgment of the Court of Appeal are set aside and a new trial is ordered.

Judgment accordingly.

Solicitors for the appellant: Rosen, Fleming, Toronto.

Solicitor for the respondent: The Attorney General for Ontario, Toronto.