Paonessa and Paquette v. R.

There was sufficient evidence adduced at trial to require the case to be put to the jury; the directed verdict of acquittal was therefore inappropriate and the appellants' appeal is dismissed.

Citation: [1983] 1 SCR 660
Parties: Appellant/accused: Luigi Joseph Paonessa; Appellant/accused: Kelly Donald Paquette; Respondent/crown: Her Majesty The Queen
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 19 May 1983
Procedural Posture: Criminal / Appeal to the Supreme Court of Canada From the Ontario Court of Appeal (crown Appeal Against Trial Acquittal)
Outcome: Appeal dismissed; the Court of Appeal's allowance of the Crown's appeal against the trial acquittal is upheld.
Legal Topics: Conspiracy to Commit Arson, Directed Verdict, Sufficiency of Evidence, Jury Trial
Source Language: English

Criminal Law Conspiracy to Commit Arson Directed Verdict Sufficiency of Evidence Jury Trial

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Parties

Luigi Joseph Paonessa

Appellant/accused

Kelly Donald Paquette

Appellant/accused

Her Majesty The Queen

Respondent/crown

Procedural Posture

Criminal / Appeal to the Supreme Court of Canada From the Ontario Court of Appeal (crown Appeal Against Trial Acquittal)

Legal Issues

1 Whether the evidence at trial was sufficient to require the case to be put to the jury
2 Whether the trial judge's directed verdict of acquittal was appropriate

Ratio Decidendi

There was sufficient evidence adduced at trial to require the case to be put to the jury; the directed verdict of acquittal was therefore inappropriate and the appellants' appeal is dismissed.

Court Disposition

Appeal dismissed; the Court of Appeal's allowance of the Crown's appeal against the trial acquittal is upheld.

Orders

Appeal dismissed.
Judgment accordingly.