Supreme Court of Canada

R. v. Fedyck, 2019 SCC 3, [2019] 1 S.C.R. 97

Case Information

Appeal Heard: January 15, 2019 Judgment Rendered: January 15, 2019 Docket: 38214

Parties

Between:

Darren Edward Fedyck Appellant

and

Her Majesty The Queen Respondent

Coram

Abella, Moldaver, Karakatsanis, Gascon and Côté JJ.

Reasons for Judgment: (para. 1) The Court

Indexed as: R. v. Fedyck

File No.: 38214.

2019: January 15.

Present: Abella, Moldaver, Karakatsanis, Gascon and Côté JJ.

On appeal from the Court of Appeal for Manitoba

Criminal law — Appeals — Unreasonable verdict — Evidence — Accused convicted of theft on the basis of circumstantial evidence — Court of Appeal finding that trial judge did not err by admitting opinion evidence given by witnesses and that it was reasonable for trial judge to conclude that evidence as a whole excluded all reasonable alternatives to guilt — Conviction upheld.

APPEAL from a judgment of the Manitoba Court of Appeal (Monnin, Beard and Pfuetzner JJ.A.), 2018 MBCA 74, 365 C.C.C. (3d) 20, 429 D.L.R. (4th) 38, [2018] M.J. No. 185 (QL), 2018 CarswellMan 299 (WL Can.), affirming the conviction of the accused for theft. Appeal dismissed.

Sarah Inness and Kristen Jones, for the appellant.

Jennifer Mann and Sharyl Thomas, for the respondent.

Judgment

The following is the judgment delivered orally by

[1] The Court — We agree with the reasons of the majority in the Court of Appeal. Accordingly the appeal is dismissed.

Judgment accordingly.

Solicitors

Solicitors for the appellant: Campbell Gunn Inness Seib, Winnipeg.

Solicitor for the respondent: Manitoba Prosecution Service, Winnipeg.