R. v. Dubois

R. v. Dubois

The Supreme Court allowed the Crown's appeal because the acquittal by judge alone could have been based on conjecture or legal error; accordingly the Court set aside the Court of Appeal's decision and ordered a new trial, without deciding whether s.16(2) applied to the child's evidence.

Citation
[1980] 2 SCR 21
Parties
Appellant (crown): Her Majesty The Queen; Respondent (accused): Terrance Dwayne Dubois
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1980
Procedural Posture
Criminal — Second Degree Murder / Appeal to the Supreme Court of Canada From the Court of Appeal of Alberta
Outcome
Appeal allowed; judgment of the Court of Appeal set aside; new trial ordered.
Legal Topics
Murder, Acquittal by Judge Alone, Uncorroborated Testimony of a Child, Canada Evidence Act S.16(2)
Source Language
English
Criminal Law Evidence Appeal Murder Acquittal by Judge Alone Uncorroborated Testimony of a Child Canada Evidence Act S.16(2)

Case Brief

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Parties

Her Majesty The Queen

Appellant (crown)

Terrance Dwayne Dubois

Respondent (accused)

Procedural Posture

Criminal — Second Degree Murder / Appeal to the Supreme Court of Canada From the Court of Appeal of Alberta

Legal Issues

  1. 1 Whether the trial judge's acquittal was a rational conclusion or mere conjecture
  2. 2 Whether an error of law occurred warranting a new trial
  3. 3 Whether s.16(2) of the Canada Evidence Act applied to the child's testimony

Ratio Decidendi

The Supreme Court allowed the Crown's appeal because the acquittal by judge alone could have been based on conjecture or legal error; accordingly the Court set aside the Court of Appeal's decision and ordered a new trial, without deciding whether s.16(2) applied to the child's evidence.

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; new trial ordered.

Orders

  • Appeal allowed.
  • Judgment of the Court of Appeal of Alberta set aside.