R. v. Shalaan, [1998] 1 S.C.R. 88

Fayezah Jassim Shalaan Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Shalaan

File No.: 26029.

1998: January 28.

Present: Lamer C.J. and L'Heureux-Dubé, Cory, McLachlin, Iacobucci, Major and Bastarache JJ.

on appeal from the court of appeal for nova scotia

Criminal law -- Parties to offences -- Accessory after the fact -- Court of Appeal correct in holding that it is not necessary to convict a principal in order to convict an accessory.

APPEAL from a judgment of the Nova Scotia Court of Appeal (1997), 1997 CanLII 22739 (NS CA), 159 N.S.R. (2d) 285, 468 A.P.R. 285 (sub nom. R. v. F.J.S.), 115 C.C.C. (3d) 450 (sub nom. R. v. S. (F.J.)), [1997] N.S.J. No. 174 (QL), allowing the Crown's appeal from a judgment of the Nova Scotia Supreme Court (1996), 1996 CanLII 10159 (NS SC), 153 N.S.R. (2d) 35, 108 C.C.C. (3d) 220, [1996] N.S.J. No. 265 (QL), acquitting the accused of being an accessory after the fact. Appeal dismissed.

Patrick J. Duncan, Q.C., for the appellant.

Stephanie A. Cleary, for the respondent.

//The Chief Justice//

The judgment of the Court was delivered orally by

[1] The Chief Justice -- This appeal comes to us as of right. Substantially for the reasons of Jones J.A. of the Court of Appeal of Nova Scotia, we are all of the view that this appeal fails and is therefore dismissed and the order of the Court of Appeal is affirmed.

Judgment accordingly.

Solicitors for the appellant: Beveridge, Lambert & Duncan, Halifax.

Solicitor for the respondent: The Attorney General of Nova Scotia, Halifax.