R. v. Hinse, [1997] 1 S.C.R. 3

Réjean Hinse Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Hinse

File No.: 24320.

1997: January 21.

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

on appeal from the court of appeal for quebec

Criminal law ‑‑ Powers of court of appeal ‑‑ Acquittal ‑‑ Evidence not allowing reasonable jury properly instructed to find accused guilty beyond reasonable doubt.

APPEAL from a judgment of the Quebec Court of Appeal (1994), 64 Q.A.C. 53, setting aside the accused’s conviction for armed robbery and ordering a stay of proceedings. Appeal allowed.

Josée Ferrari, Jean‑François Longtin and Eve‑Stéphanie Sauvé, for the appellant.

Pierre Sauvé, for the respondent.

English version of the judgment of the Court delivered orally by

[1] Gonthier J. ‑‑ The appellant is appealing a stay of proceedings order rendered by the Court of Appeal proprio motu without an application having been made to it, in particular by the appellant, the appellant being thus deprived of the possibility of obtaining an acquittal, if not from the Court of Appeal, at least by a jury of his peers.

[2] In the circumstances, being of the view that the evidence could not allow a reasonable jury properly instructed to find the appellant guilty beyond a reasonable doubt, we are all of the view that the appropriate remedy is an acquittal.

[3] Accordingly, the appeal is allowed, the stay of proceedings order is set aside and the acquittal of the appellant is entered.

Judgment accordingly.

Solicitors for the appellant: Langlois Robert, Montréal.

Solicitor for the respondent: The Attorney General of Quebec, Montréal.