R. v. Lohrer

R. v. Lohrer

The dissent in the Court of Appeal was properly construed as a dissent on a question of law because it concluded that misapprehensions of credibility led to a miscarriage of justice; accordingly the appeal as of right under s.691(1)(a) exists and the motion to quash must be dismissed.

Citation
2004 SCC 24
Parties
Appellant/respondent on Motion: Allan Wayne Lohrer; Respondent/applicant on Motion: Her Majesty The Queen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 April 2004
Procedural Posture
Criminal Law / Motion to Quash an Appeal to the Supreme Court of Canada Under S. 691(1)(a) of the Criminal Code
Outcome
Motion to quash dismissed
Legal Topics
Appeal as of Right, Dissent on Question of Law, Motion to Quash
Source Language
English
Criminal Law Appeals Appeal as of Right Dissent on Question of Law Motion to Quash

Case Brief

Summary, issues, holding and outcome

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Parties

Allan Wayne Lohrer

Appellant/respondent on Motion

Her Majesty The Queen

Respondent/applicant on Motion

Procedural Posture

Criminal Law / Motion to Quash an Appeal to the Supreme Court of Canada Under S. 691(1)(a) of the Criminal Code

Legal Issues

  1. 1 Whether the dissent in the Court of Appeal raised a question of law within s.691(1)(a) of the Criminal Code
  2. 2 Whether the appellant is entitled to an appeal as of right based on that dissent
  3. 3 Whether the motion to quash the appeal should be granted

Ratio Decidendi

The dissent in the Court of Appeal was properly construed as a dissent on a question of law because it concluded that misapprehensions of credibility led to a miscarriage of justice; accordingly the appeal as of right under s.691(1)(a) exists and the motion to quash must be dismissed.

Court Disposition

Motion to quash dismissed

Orders

  • Motion to quash dismissed
  • Appeal proceeds as of right under s.691(1)(a)