R. v. Perciballi, [2002] 2 S.C.R. 761, 2002 SCC 51

Her Majesty The Queen Appellant

v.

Antonio Portante Respondent

Indexed as: R. v. Perciballi

Neutral citation: 2002 SCC 51.

File No.: 28628.

2002: June 11.

Present: McLachlin C.J. and Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.

on appeal from the court of appeal for ontario

Criminal law — Evidence — Hearsay.

APPEAL from a judgment of the Ontario Court of Appeal (2001), 2001 13394 (ON CA), 54 O.R. (3d) 346, 146 O.A.C. 1, 154 C.C.C. (3d) 481, [2001] O.J. No. 1712 (QL), allowing the accused’s appeal from his conviction for robbery and ordering a new trial. Appeal dismissed.

Scott C. Hutchison, for the appellant.

Philip Campbell, for the respondent.

The judgment of the Court was delivered orally by

[1] McLachlin C.J. – This is an appeal as of right. We are all of a view to dismiss the appeal, substantially for the reasons of Charron J.A. in the Court of Appeal.

Judgment accordingly.

Solicitor for the appelant: The Ministry of the Attorney General, Toronto.

Solicitors for the respondent: Sack Goldblatt Mitchell, Toronto.