SUPREME COURT OF CANADA
Appeal heard: October 30, 2017 Judgment rendered: October 30, 2017 Docket: 37411
Between:
Benjamin Robinson
Appellant
and
Her Majesty The Queen
Respondent
Coram: Abella, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Rowe JJ.
Reasons for Judgment: (para. 1)
Abella J. (Moldaver, Karakatsanis, Wagner, Gascon, Côté and Rowe JJ. concurring)
R. v. Robinson, 2017 SCC 52, [2017] 2 S.C.R. 382
Benjamin Robinson Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Robinson
2017 SCC 52
File No.: 37411.
2017: October 30.
Present: Abella, Moldaver, Karakatsanis, Wagner, Gascon, Côté and Rowe JJ.
on appeal from the court of appeal for british columbia
Criminal law — Appeals — Unreasonable verdict — Misapprehension of evidence — Accused convicted of perjury — Court of Appeal holding that trial judge’s findings not unreasonable and that trial judge did not misapprehend evidence — Conviction upheld.
APPEAL from a judgment of the British Columbia Court of Appeal (Newbury, Willcock and Goepel JJ.A.), 2017 BCCA 6 , 344 C.C.C. (3d) 176, [2017] B.C.J. No. 33 (QL), 2017 CarswellBC 31 (WL Can.), affirming the conviction entered by Smith J., 2015 BCSC 433 , 19 C.R. (7th) 165, [2015] B.C.J. No. 530 (QL), 2015 CarswellBC 714 (WL Can.). Appeal dismissed, Côté J. dissenting.
Elizabeth France and Michael Sobkin , for the appellant.
Richard C. C. Peck , Q.C. , Eric V. Gottardi and Tony C. Paisana , for the respondent.
The judgment of the Court was delivered orally by
[ 1 ] Abella J. — A majority would dismiss the appeal substantially for the reasons of the majority in the Court of Appeal. Justice Côté, dissenting, would order a new trial for substantially the reasons of Willcock J.A.
Judgment accordingly.
Solicitors for the appellant: Sugden, McFee & Roos, Vancouver; Michael Sobkin, Ottawa.
Solicitors for the respondent: Peck and Company, Vancouver.