Docket: CAC 177001
NOVA SCOTIA COURT OF APPEAL
[Cite as: R. v. Hillyard 2002 NSCA 70]
Glube, C.J.N.S.; Flinn and Cromwell, JJ.A.
BETWEEN:
Appellant
- and -
Respondent
REASONS FOR JUDGMENT
Counsel: Brian V. Vardigans for the appellant
Dana Giovannetti, Q.C. for the respondent
Appeal Heard: May 21, 2002
Judgment Delivered: May 21, 2002
THE COURT: Leave to appeal denied as per oral reasons for judgment of Flinn, J.A.; Glube, C.J.N.S. and Cromwell, J.A. concurring.
FLINN, J.A. (Orally):
[1] The appellant pled guilty, before Judge Claudine MacDonald of the Provincial Court of Nova Scotia, to two summary conviction offences; namely, possession of a weapon dangerous to the public peace, and knowingly uttering a threat to cause death. Judge MacDonald sentenced the appellant to concurrent terms of five months incarceration, probation for 18 months, and a weapons prohibition order for ten years and five months. Justice Hall of the Supreme Court of Nova Scotia, in his capacity as Summary Conviction Appeal Court judge, upheld Judge MacDonald’s sentence.
[2] On this further appeal, the appellant requires leave of this court, and his grounds of appeal are restricted to questions of law alone.
[3] In our view this appeal does not arguably raise a question of law. The summary conviction appeal court judge made no error of law in upholding the sentence of the trial judge. The transcript of the sentencing hearing before the trial judge demonstrates that she gave ample consideration to the provisions of s. 718 of the Criminal Code, the circumstances of the offence, and the circumstances of the appellant offender.
[4] The sentencing decision in this case discloses no error of law.
[5] Leave to appeal is denied.
Flinn, J.A.
Concurred in:
Glube, C.J.N.S.
Cromwell, J.A.