R. v. Gill, [1989] 1 S.C.R. 295

Benjamin Albert Gill    Appellant

v.

Her Majesty the Queen                                                                    Respondent

Indexed as:  R. v. Gill

File No.:  20680.

1989:  March 3.

Present:  Lamer, La Forest, L'Heureux‑Dubé, Sopinka and Cory JJ.

on appeal from the court of appeal for manitoba

                   Criminal law ‑‑ Evidence ‑‑ Attempted murder ‑‑ Identification evidence ‑‑ No error by the Court of Appeal.

                   APPEAL as of right from a judgment of the Manitoba Court of Appeal (1987), 50 Man. R. (2d) 33, 39 C.C.C. (3d) 506, dismissing an appeal from a conviction of attempted murder.  Appeal dismissed.

                   S. Nozick, for the appellant.

                   Robert Gosman, for the respondent.

                   The judgment of the Court was delivered orally by

                   Lamer J. ‑‑ It will not be necessary to hear from you, Mr. Gosman, as we are all of the view that the majority of the Court of Appeal were not in error in their application of s. 613(1)(a)(i) of the Criminal Code, and that the appeal is accordingly dismissed.

                   Judgment accordingly.

                   Solicitors for the appellant:  Nozick, Sinder & Associates, Winnipeg.

                   Solicitor for the respondent:  The Department of the Attorney General for the province of Manitoba, Winnipeg.