Court Martial Appeal Court

Decision Information

R. v. Tomczyk

Collection Court Martial Appeal Court
Date 2012-12-03
Report citation 7 CMAR 669
File numbers CMAC-549
Decision-makers Heneghan, Elizabeth; Trudel, Johanne; Mainville, Robert
See also See also - R. v. Tomczyk - 2012 CMAC 4 - 2012-12-03

Decision Content

Date: 20121203

 

Docket: CMAC-549

 

Ottawa, Ontario, December 3, 2012

 

CORAM:       HENEGHAN J.A.

                        TRUDEL J.A. 

                        MAINVILLE J.A. 

 

 

BETWEEN:

BDR NATHAN J. TOMCZYK

Appellant

and

HER MAJESTY THE QUEEN

Respondent

 

 

 

JUDGMENT

           

The appeal is allowed. The finding of guilt is set aside and, pursuant to paragraph 238(1)(a) of the National Defence Act, a finding of not guilty is recorded in respect of the charge.

 

 

“E. Heneghan”

J.A.

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