R. v. Pakoo, [2001] 1 S.C.R. 757, 2001 SCC 28

Her Majesty The Queen Appellant

v.

Lloyd Alfred Pakoo Respondent

Indexed as: R. v. Pakoo

Neutral citation: 2001 SCC 28.

File No.: 28226.

2001: April 26.

Present: Major, Bastarache, Binnie, Arbour and LeBel JJ.

on appeal from the court of appeal for manitoba

Criminal law -- Unreasonable verdict -- Sexual assault -- Court of Appeal setting aside accused’s conviction and entering acquittal -- Court of Appeal’s judgment affirmed.

Cases Cited

Referred to: R. v. Yebes, [1987 17 (SCC)], [1987] 2 S.C.R. 168; R. v. Biniaris, [2000] 1 S.C.R. 381, [2000 SCC 15].

APPEAL from a judgment of the Manitoba Court of Appeal (2000), 150 Man. R. (2d) 247 (sub nom. R. v. L.A.P.), 230 W.A.C. 247, [2000] M.J. No. 483 (QL), [2000 MBCA 109], setting aside the accused’s conviction and entering an acquittal. Appeal dismissed.

Gregg Lawlor and Manfred Pflug, for the appellant.

Aaron M. London, for the respondent.

The judgment of the Court was delivered orally by

[1] Major J. – We are all in agreement, substantially for the reasons of the majority of the Court of Appeal for Manitoba, that this appeal should be dismissed.

[2] The Court of Appeal applied the governing principles in R. v. Yebes, [1987 17 (SCC)], [1987] 2 S.C.R. 168, and R. v. Biniaris, [2000] 1 S.C.R. 381, [2000 SCC 15], and there has been no reason demonstrated in this Crown appeal as of right for this Court to interfere.

Judgment accordingly.

Solicitor for the appellant: The Department of Justice, Winnipeg.

Solicitors for the respondent: Gindin Wolson Simmonds, Winnipeg.