Court of Appeal

Decision Information

R. v. Cross

Court Court of Appeal
Date 2004-12-31
Citation 2004 NSCA 156
Docket CAC 214660
Judge/Registrar/Adjudicator Oland, Linda L. (Honourable Justice); Hamilton, M. Jill (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - R. v. Cross - 2004 NSCA 156 - 2004-12-31 - Decision

Decision Content

                                NOVA SCOTIA COURT OF APPEAL

Citation: R. v. Cross, 2004 NSCA 156

 

Date: 20041231

Docket: CAC 214660

Registry: Halifax

 

Between:

Her Majesty The Queen

Appellant

v.

 

Kevin Brian Cross

Respondent

 

 

Judge:                            The Honourable Justice Roscoe

 

Appeal Heard:                November 15, 2004

 

Subject:                 Criminal law, breach of conditional sentence, s. 742.6(9)

 

Summary:   The respondent was alleged to have breached four conditions of his conditional sentence. Provincial Court judge proceeding under s.742.6 found that he had breached three conditions and directed that the respondent spend three of the remaining 17 months of the sentence in prison. The Crown appealed the finding of “no breach” of the fourth condition.

 

Issues:         Is there a Crown appeal from a finding of no breach?

If so, did the sentencing judge err by not allowing the Crown to call rebuttal evidence at the breach hearing?

 

Result:        Appeal dismissed. There is no appeal by the Attorney General of a finding that an allegation of breaching a term of a conditional sentence was not proven.

 

 

 

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