Docket: CMAC-598
Citation: 2019 CMAC 5
| CORAM:
|
CHIEF JUSTICE BELL
MOSLEY J.A.
SCANLAN J.A.
|
|
|
| BETWEEN:
|
| HER MAJESTY THE QUEEN
|
| Appellant
|
| and
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| LIEUTENANT J.C. BANTING
|
| Respondent
|
Heard at Ottawa, Ontario, on October 28, 2019.
Judgment delivered from the Bench at Ottawa, Ontario, on October 28, 2019 and edited for syntax and grammar with added reference to the relevant case law.
Date: 20191106
Docket: CMAC-598
Citation: 2019 CMAC 5
| CORAM:
|
CHIEF JUSTICE BELL
MOSLEY J.A.
SCANLAN J.A.
|
|
|
| BETWEEN:
|
| HER MAJESTY THE QUEEN
|
| Appellant
|
| and
|
| LIEUTENANT J.C. BANTING
|
| Respondent
|
REASONS FOR JUDGMENT
[1]
The panel is unanimous that this appeal should be dismissed. In R. v. Banting, 2019 CM 2009, Military Judge Sukstorf correctly applied the law as it relates to the failure to establish a prima facie case. We share her view there was no evidence presented at the trial upon which a reasonable panel of a General Court Martial, properly instructed, could return a guilty verdict.
[2]
We dismiss the appeal.
“B. Richard Bell”
Chief Justice
“Richard G. Mosley”
J.A.
“J.E. Scanlan”
J.A.
COURT MARTIAL APPEAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET:
|
CMAC-598
|
| STYLE OF CAUSE:
|
HER MAJESTY THE QUEEN v. LIEUTENANT J.C. BANTING
|
| PLACE OF HEARING:
|
Ottawa, Ontario
|
| DATE OF HEARING:
|
October 28, 2019
|
| REASONS FOR JUDGMENT BY:
|
THE COURT
|
| DATED:
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NOVEMBER 6, 2019
|
APPEARANCES:
| Lieutenant-Colonel Dominic Martin,
Major Stephan Poitras
|
For The Appellant
|
| Mr. Joshua M. Juneau
|
For The Respondent
|
SOLICITORS OF RECORD:
| Military Prosecution Service
Ottawa, Ontario
|
For The Appellant
|
| Michel Drapeau Law Office
Ottawa, Ontario
|
For The Respondent
|