R. v. Robicheau, [2002] 2 S.C.R. 643, 2002 SCC 45

Michael Derrick Robicheau Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Robicheau

Neutral citation: 2002 SCC 45.

File No.: 28545.

2002: May 21.

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

on appeal from the court of appeal for nova scotia

Criminal law — Sexual assault — Trial judge acquitting accused of sexual assault but convicting him of included offence of assault — Court of Appeal erring in setting aside acquittal and ordering new trial — Trial judge’s judgment restored.

APPEAL from a judgment of the Nova Scotia Court of Appeal (2001), 193 N.S.R. (2d) 42, 43 C.R. (5th) 248, 602 A.P.R. 42, [2001] N.S.J. No. 113 (QL), 2001 NSCA 52, setting aside the accused’s acquittal for sexual assault and ordering a new trial. Appeal allowed.

Roger A. Burrill, for the appellant.

Kenneth W. F. Fiske, Q.C., and Peter P. Rosinski, for the respondent.

The judgment of the Court was delivered orally by

[1] Iacobucci J. — We are all of the view that, for substantially the reasons of Roscoe J.A., dissenting in the Nova Scotia Court of Appeal, the appeal should be allowed, the judgment of the Court of Appeal should be set aside, and the judgment of the trial judge should be restored.

Judgment accordingly.

Solicitor for the appellant: Nova Scotia Legal Aid, Halifax.

Solicitor for the respondent: Public Prosecution Service, Halifax.