R. v. Reitsma, [1998] 1 S.C.R. 769

Shane John Reitsma Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Reitsma

File No.: 26305.

1998: May 20.

Present: Cory, McLachlin, Iacobucci, Major and Binnie JJ.

on appeal from the court of appeal for british columbia

Criminal law -- Evidence -- Identification -- Accused convicted on basis of identification evidence -- Verdict cannot reasonably be supported by evidence -- Acquittal directed.

APPEAL from a judgment of the British Columbia Court of Appeal (1997), 1997 3607 (BC CA), 97 B.C.A.C. 303, 157 W.A.C. 303, [1997] B.C.J. No. 2314 (QL), dismissing the accused’s appeal from his conviction of break and enter and theft. Appeal allowed and acquittal directed.

Michael J. Munro, for the appellant.

Robert A. Mulligan, for the respondent.

The judgment of the Court was delivered orally by

[1] Cory J. -- We are all in agreement with the minority reasons given by Madam Justice Rowles. The appeal is therefore allowed, the conviction is set aside and an acquittal is directed.

Judgment accordingly.

Solicitor for the appellant: Michael J. Munro, Victoria.

Solicitor for the respondent: Robert A. Mulligan, Victoria.