R. v. Guthrie

R. v. Guthrie Collection Supreme Court Judgments Date 1992-06-16 Report [1992] 2 SCR 222 Case number 22371 Judges Lamer, Antonio; Sopinka, John; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank On appeal from Alberta Subjects Criminal law Notes SCC Case Information: 22371 Decision Content R. v. Guthrie, [1992] 2 S.C.R. 222 Robert Guthrie Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Guthrie File No.: 22371. 1992: June 16. Present: Lamer C.J. and Sopinka, Cory, McLachlin, and Iacobucci JJ. on appeal from the court of appeal for alberta Criminal law ‑‑ Fraud ‑‑ Charge to jury ‑‑ Allegation of misrepresentation of value of strip bonds offered to bank as security ‑‑ Vital issue as to whom bank relied on when it made the loans adequately dealt with. APPEAL from a judgment of the Albert Court of Appeal dismissing appeals first from conviction before Wachowich J. and then from the sentence imposed. Appeal dismissed. Bryan D. Newton, for the appellant. T. J. Matchett, for the respondent. The judgment of the Court was delivered orally by //Lamer C.J.// Lamer C.J. -- The Court is ready to hand down judgment. The judgment will be pronounced by Justice Cory. //Cory J.// Cory J. -- We are in agreement with the reasoning and conclusion of the majority of the Court of Appeal. The trial judge in his charge to the jury fairly and properly reviewed the relevant

evidence. He then placed before them the applicable principles of law. He specifically advised them, on several occasions, that they must decide the vital issue as to whom the bank relied upon when it made the loans. Looking at the charge as a whole, it cannot be faulted. The appeal is therefore dismissed. Judgment accordingly. Solicitors for the appellant: Lord & Russell, Calgary. Solicitor for the respondent: T. J. Matchett (Agent of the Attorney General for Alberta), Edmonton.