R. v. Campbell
- Citation
- [1998] 3 SCR 533
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of Canada
- Decision
- 11 December 1998
- Posture
- Criminal Appeal / Final Judgment on Appeal From the British Columbia Court of Appeal
- Language
- English
More details
- Court
- Supreme Court of Canada
- Decision
- 11 December 1998
- Posture
- Criminal Appeal / Final Judgment on Appeal From the British Columbia Court of Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal was dismissed because the Supreme Court was in substantial agreement with the British Columbia Court of Appeal's reasons upholding the appellant's conviction for second degree murder.
Court disposition
Appeal dismissed
Orders
- Appeal dismissed
- Judgment accordingly
02
Material facts
Parties
Lee Edward Campbell
Appellant Counsel: Sheldon GoldbergHer Majesty The Queen
Respondent Counsel: John M. Gordon03
Procedural history
Posture
Criminal Appeal / Final Judgment on Appeal From the British Columbia Court of Appeal
04
Questions and positions
Legal issues
- 01
Whether the conviction for second degree murder was safe
- 02
Whether the appellate court erred in upholding the conviction
Party arguments
- Applicant
- The appellant challenged his conviction for second degree murder and sought to have the conviction overturned by this Court.
- Respondent
- The Crown argued the conviction was sound and urged the Court to dismiss the appeal, relying on the reasons of the British Columbia Court of Appeal.
05
Court’s reasoning
Legal principles
- 01
Supreme Court of Canada
Standard of appellate review of criminal convictions: appellate courts defer to trial findings unless clearly unreasonable
- 02
British Columbia Court of Appeal (Hall J.A.), adopted by the Supreme Court of Canada
An appeal may be dismissed where the Court is in substantial agreement with the reasons of the lower appellate court
06
Ratio, limits and disposition
Ratio decidendi
The appeal was dismissed because the Supreme Court was in substantial agreement with the British Columbia Court of Appeal's reasons upholding the appellant's conviction for second degree murder.
Court disposition
Appeal dismissed
- Appeal dismissed
- Judgment accordingly
Source and reliance status
Supreme Court of Canada · 11 December 1998
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Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Canada
Judgment· 11 December 1998
R. v. Campbell Collection Supreme Court Judgments Date 1998-12-11 Report [1998] 3 SCR 533 Case number 26454 Judges Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.; Bastarache, Michel On appeal from British Columbia Subjects Criminal law Notes SCC Case Information: 26454 Decision Content R. v. Campbell, [1998] 3 S.C.R. 533 Lee Edward Campbell Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Campbell File No.: 26454. 1998: December 11. Present: Cory, McLachlin, Iacobucci, Major and Bastarache JJ. on appeal from the court of appeal for british columbia Criminal law ‑‑ Murder ‑‑ Accused and co‑accused convicted of second degree murder ‑‑ Substantial agreement with majority reasons of appeal court upholding accused’s conviction. APPEAL from a judgment of the British Columbia Court of Appeal (1998), 122 C.C.C. (3d) 44, [1998] B.C.J. No. 27 (QL), dismissing the accused’s appeal from his conviction for second degree murder. Appeal dismissed. Sheldon Goldberg, for the appellant. John M. Gordon, for the respondent. The judgment of the Court was delivered orally by //Cory J.// 1 Cory J. ‑‑ We are all in substantial agreement with the reasons of Hall J.A. (1998), 122 C.C.C. (3d) 44, and this appeal as of right is therefore dismissed. Judgment accordingly. Solicitor for the appellant: Sheldon Goldberg, Vancouver. Solicitor for the respondent: The Attorney General of British Columbia, Vancouver.
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