2021 QCCA 1834, 2021 QCCA 1834
Opinion
Beaver c. R. 2021 QCCA 1834 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-007696-212 ( 500-01-200392-204 seq. 001) MINUTES OF HEARING DATE: December 2, 2021 THE HONOURABLE GUY COURNOYER, J.A. APPLICANT COUNSEL Frederick Beaver Mtre Elisabeth Côté ( Pepper, Villeneuve-Gagné ) By videoconference RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Marie-Eve Mayer ( Directior of Criminal and Penal prosecutions ) By videoconference DESCRIPTION: Motion for leave to appeal of a conviction involving a question of mixed law and fact (Ss 675
(1) a) ss. Cr.c. and ss. 23 ss. R.P.C.A.M.C. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 10:18 Commencement of the hearing. Identification of counsel. The motion is not contested. 10:19 BY THE JUDGE: Judgment – see page 3. 10:21 Conclusion of the hearing.
Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The Applicant seeks leave to appeal from a judgment rendered on October 12, 2021 by the Court of Québec, Criminal and Penal Division (the Honourable Alexandre St-Onge), district of Montreal, convicting him of one count of breaking and entering (s. 348(1)
b) and
d) Cr.C. ) and one count of possession of break-in instruments (s. 351(1)
a) Cr. C. ). [ 2 ] The respondent does not oppose the application for leave to appeal on grounds that involves questions of mixed law and fact identified in paragraph 5 of the petitioner’s motion. FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] GRANTS the motion for leave to appeal on the grounds identified in paragraph 5 of the petitioner’s motion. GUY COURNOYER, J.A.
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