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R. v. Genser, [1987] 2 S.C.R. 685


Steven Arnold Genser Appellant




Her Majesty The Queen                                                                   Respondent


indexed as: r. v. genser


File No.: 19825.


1987: December 4.


Present: McIntyre, Lamer, Wilson, La Forest and L'Heureux‑Dubé JJ.


on appeal from the court of appeal for manitoba


                   Criminal law ‑‑ Conspiracy ‑‑ Conspiracy to traffic in a narcotic ‑‑ Directed verdict of acquittal ‑‑ Whether there was evidence upon which a jury could reasonably have convicted.


                   APPEAL from a judgment of the Manitoba Court of Appeal (1986), 39 Man. R. (2d) 203, 27 C.C.C. (3d) 264, allowing the Crown's appeal from a judgment of the Manitoba Court of Queen's Bench (1985), 36 Man. R. (2d) 31, acquitting the accused on a charge of conspiracy to traffic in narcotics. Appeal dismissed.


                   Hersh E. Wolch, Q.C., for the appellant.

                   P. M. Kremer and D. J. Avison, for the respondent.


                   The judgment of the Court was delivered orally by


1.                McIntyre J.‑‑This is an appeal as of right. We are all of the view that the Court of Appeal was right in finding on the particular facts of this case that there was evidence upon which a jury, properly instructed, could reasonably have convicted. Accordingly, the appeal is dismissed.


                   Judgment accordingly.

                   Solicitors for the appellant: Wolch, Pinx, Tapper & Scurfield, Winnipeg.

                   Solicitor for the respondent: Frank Iacobucci, Ottawa.



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