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Austin v. The Queen, [1985] 2 S.C.R. 285


Kim William Edward Austin     Appellant;




Her Majesty The Queen     Respondent.


File No.: 17770.


1985: October 10.


Present: Dickson C.J. and McIntyre, Chouinard, Lamer, Wilson, Le Dain and La Forest JJ.



on appeal from the court of appeal for ontario


                   Criminal law ‑‑ Evidence ‑‑ Guilty verdict not unreasonable in view of identification evidence.


                   Criminal law ‑‑ Dangerous offender proceedings ‑‑ Sentence of detention for indeterminate period.


                   APPEAL from judgments of the Ontario Court of Appeal dismissing appellant's appeals from conviction by O'Leary J. sitting with a jury on a charge of attempted murder and rape and from a finding by O'Leary J. of dangerous offender status carrying a sentence of indeterminate detention under s. 688  of the Criminal Code . Appeal dismissed.


                   Leo Adler, for the appellant.


                   David Fairgrieve, for the respondent.


                   The judgment of the Court was delivered orally by


1.                The Chief Justice‑‑We think the Court of Appeal was right in dismissing the appeal from conviction. We, however, express no opinion on the comments of the Court of Appeal regarding the tool box incident. The appeal from conviction is dismissed.


2.                We find no error below in the proceedings leading to the sentence of detention for an indeterminate period. This appeal is also dismissed.


                   Judgment accordingly.


                   Solicitor for the appellant: Leo Adler, Toronto.


                   Solicitor for the respondent: The Attorney General for Ontario, Toronto.


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