Supreme Court Judgments

 

r. v. jacobs, [1988] 2 S.C.R. 1047

 

Allan Arthur Jacobs     Appellant

 

v.

 

Her Majesty The Queen in Right of the Province of Alberta         Respondent

 

indexed as: r. v. jacobs

 

File No.: 20460.

 

1988: December 16.

 

Present: Dickson C.J. and Lamer, La Forest, L'Heureux‑Dubé and Sopinka JJ.

 

on appeal from the court of appeal for alberta

 

                   Criminal law ‑‑ Directed verdict ‑‑ Sufficiency of identification evidence ‑‑ Whether trial judge erred in directing a verdict of acquittal.

 

Cases Cited

 

                   Applied: Mezzo v. The Queen, [1986] 1 S.C.R. 802.

 

                   APPEAL from a judgment of the Alberta Court of Appeal¹, setting aside the accused's acquittal and ordering a new trial. Appeal dismissed.

 

                          ¹ Alta. C.A., No. 8603‑1079‑A, September 17, 1987.

 

                   K. W. Penonzek, for the appellant.

 

                   Jack Watson, for the respondent.

 

                   The following is the judgment delivered orally by

 

1.                The Chief Justice‑‑It will not be necessary to call on you, Mr. Watson. We have reached a unanimous conclusion as to the disposition of this appeal, and Justice Lamer will read the judgment.

 

2.                Lamer J.‑‑The rule adopted in this Court's recent decision in Mezzo v. The Queen, [1986] 1 S.C.R. 802, a decision that was handed down after the trial in this case but before the appeal to the Alberta Court of Appeal, is determinative of this appeal, and the appeal is dismissed.

 

                   Judgment accordingly.

 

                   Solicitors for the appellant: Oshry & Company, Edmonton.

 

                   Solicitor for the respondent: Jack Watson, Edmonton.