R. v. Poirier, [1998] 1 S.C.R. 24

Her Majesty The Queen Appellant

v.

Joseph Clifford Poirier Respondent

Indexed as: R. v. Poirier

File No.: 25886.

1998: January 22.

Present: Lamer C.J. and Cory, Iacobucci, Major and Bastarache JJ.

on appeal from the prince edward island supreme court, appeal division

Criminal law ‑‑ Evidence ‑‑ Trial judge taking into account all evidence presented at trial ‑‑ Accused’s acquittal upheld.

APPEAL from a judgment of the Prince Edward Island Supreme Court, Appeal Division (1997), 1997 4560 (PE SCAD), 147 Nfld. & P.E.I.R. 195, [1997] P.E.I.J. No. 18 (QL), dismissing the Crown’s appeal from the accused’s acquittal on charges of aggravated assault and committing an offence while masked. Appeal dismissed.

Valerie A. Moore, for the appellant.

R. Scott Peacock, for the respondent.

//Cory J.//

The judgment of the Court was delivered orally by

[1] Cory J. ‑‑ We agree with the conclusions reached by the majority of the Court of Appeal.

[2] Mr. Justice Ghiz, the trial judge, took into account all the evidence presented and specifically stated that he had done so. Based on that evidence, he concluded that he was not satisfied beyond a reasonable doubt of the guilt of the accused. He made no error of law in reaching this conclusion.

[3] This Crown appeal as of right must therefore be dismissed.

Judgment accordingly.

Solicitor for the appellant: The Crown Attorney’s Office, Charlottetown.

Solicitor for the respondent: Key & McKnight, Summerside.