SUPREME COURT OF CANADA
| Citation: R. v. Robinson, 2017 SCC 52, [2017] 2 S.C.R. 382 |
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.