Lemieux c. R. 2023 QCCA 1050 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-10-003887-218 (110-01-001837-199) MINUTES OF THE HEARING WARNING : An order under

section 486.4(1) of the Criminal Code was issued directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE : June 9, 2023 THE HONOURABLE MICHEL BEAUPRÉ, J.A. APPELLANT COUNSEL CLARENCE LEMIEUX Mtre GABRIEL BABINEAU (ABSENT) (Desjardins, Côté) RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre EMILIE LANDRY-THERRIAULT (ABSENT) (Director of Criminal and Penal Prosecutions)

On appeal from a judgment rendered on June 4, 2021 by the Honourable Denis Paradis of the Court of Québec, district of Gaspé. DESCRIPTION : Motion for leave to appeal from a conviction on a ground that involves a question of fact ( Section 675(1) (a)(ii) Cr.C . ) Clerk at the hearing: Alexandra Fortin Courtroom: 4.30 HEARING Considering the respondent’s consent to the Motion being referred to the bench that will hear the appeal, the parties were excused from appearing in Court; Judgment. Alexandra Fortin, clerk at the hearing JUDGMENT WARNING : An order under

section 486.4(1) of the Criminal Code was issued directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] CONSIDERING the Appellant’s Motion for leave to appeal from a conviction on a ground that involves a question of fact (the “Motion”); [ 2 ] CONSIDERING that on June 29, 2021, the Appellant filed a Notice of appeal from a conviction on a ground that involves a question of law alone , an amended version of which was filed on June 6, 2023; [ 3 ] CONSIDERING that the Respondent consents to the subsidiary conclusion of the Motion that this latter be referred to the bench that will hear the appeal; FOR THESE REASONS , THE UNDERSIGNED: [ 4 ] REFERS the Appellant’s Motion for leave to appeal from a conviction on a ground that involves a question of fact to the bench that will hear the appeal.