R. v. VanEindhoven, 2012 NUCA 01

In the Court of Appeal of Nunavut Citation: R. v. VanEindhoven, 2012 NUCA 01 Date: 20120308 Docket: 18-07-001-CAP Registry: Iqaluit Between: Her Majesty the Queen Respondent - and - Adrian VanEindhoven Appellant _______________________________________________________ The Court: The Honourable Mr. Justice Ronald Berger The Honourable Mr. Justice Peter Costigan The Honourable Mr. Justice J.D. Bruce McDonald _______________________________________________________ Memorandum of Judgment Appeal from the Conviction and Sentence by The Honourable Mr. Justice R. Kilpatrick Dated the 11th day of January, 2007

Amended Decision: An amended decision was issued on May 27, 2012; the corrections have been made to the text and the amendment is appended to this judgment _______________________________________________________ Memorandum of Judgment _______________________________________________________ The Court: [ 1 ] The appeal is allowed. The conviction is quashed. A new trial is ordered. Reasons for Judgment will follow. Appeal heard on February 14, 2012 Memorandum filed at Iqaluit, Nunavut this 8th day of March, 2012 Berger J.A. Costigan J.A.

As authorized by: McDonald J.A. Appearances: M.E. Bryant J. Gevikoglu for the Respondent L.K. Stevens, Q.C. for the Appellant _______________________________________________________ Amendment of the Reasons for Judgment Reserved of The Honourable Mr. Justice Ronald Berger The Honourable Mr. Justice Peter Costigan The Honourable Mr. Justice J.D. Bruce McDonald _______________________________________________________ In the line “Memorandum filed at Iqaluit, Nunavut” – the information has been changed “this day of March, 2012” to “this 8th day of March, 2012.” Please replace the amended pages in your hard copy of the judgment.