R. c. Gedeon 2017 QCCA 1809 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-10-003381-170 (105-01-000373-162) DATE: November 10 th , 2017 CORAM: THE HONOURABLE FRANÇOIS PELLETIER, J.A. PAUL VÉZINA, J.A. CLAUDE C. GAGNON, J.A. HER MAJESTY THE QUEEN APPELANT – plaintiff v.

CHRISTOPHER GEDEON RESPONDENT – accused JUDGMENT [ 1 ] On June 1st, 2017, in the file 105-01-000373-162, district of Bonaventure, the honorable judge Celestina Almeida, J.c.Q., declared the respondent not guilty of threat to cause death of bodily harm to Krystal Gedeon. [ 2 ] Considering that the respondent didn't present a defence. [ 3 ] Considering that the trial judge has failed to consider all of the evidence in relation to the ultimate issue of guilt or innocence by concluding that the victim did not mention the exact words of the alleged threat, which is an error of law following R. c.

J.M.H., 2011 csc 45. [ 4 ] Considering that the decision of the trial judge is based on this error of law. [ 5 ] The Appellant appeals this acquittal on the ground that the trial judge failed to consider all of the evidence. [ 6 ] From September 18 th 2017 the parties requested a facilitation in this criminal matter. [ 7 ] The parties were represented by lawyers. [ 8 ] On October 30 th 2017, they signed a common suggestion to the Court (signed by the Respondent personally): this document was filed on November 2017. [ 9 ] The suggestion is well founded.

For these reasons, the COURT : [ 10 ] GRANT the appeal; [ 11 ] QUASH the acquittal entered by the trial judge on June 1st, 2017; [ 12 ] SUBSTITUTE a verdict of guilt for the judgement rendered by the trial judge; [ 13 ] IMPOSE a sentence of one (1) month of detention to be served concurrently to any other sentences. FRANÇOIS PELLETIER, J.A. PAUL VÉZINA, J.A.

CLAUDE C. GAGNON, J.A. Me Gérald Maltais Procureur aux poursuites criminelles et pénales For the Appelant Mr. Christopher Gedeon Unrepresented since October 30, 2017