S.C.C. No. 02631
IN THE SUPREME COURT OF NOVA SCOTIA
APPEAL DIVISION
Clarke, C.J.N.S.; Hart and Hallett, JJ.A.
Cite as: R. v. Whyte, 1992 NSCA 47
BETWEEN:
GEORGE ARCHIBALD WHYTE (WHITE) ) Craig M. Garson
) for the Appellant
Appellant )
) Robert E. Lutes
- and - ) for the Respondent
)
HER MAJESTY THE QUEEN ) Appeal Heard:
) December 1, 1992
Respondent )
) Judgment Delivered:
) December 1, 1992
)
)
)
)
THE COURT: Appeals dismissed per oral reasons for judgment of Hart, J.A.; Clarke, C.J.N.S. and Hallett, J.A. concurring
The reasons for judgment of the Court were delivered orally by:
HART, J.A.:
This is an appeal against conviction for uttering a death threat contrary to s. 264.1(1)(a) of the Criminal Code of Canada after a jury trial conducted by Mr. Justice Kelly.
The appellant raises a series of very technical objections to what was, in our opinion, a very fair and complete charge to the jury by the trial judge. None of these objections, in our opinion, amount to an error in law when considered in the light of the overall instructions given to the jury. We would therefore dismiss the appeal against conviction.
There was also an appeal against the sentence of two months imprisonment followed by two years probation but this has apparently been abandoned. We would therefore dismiss this appeal as well.
J.A.
Concurred in:
Clarke, C.J.N.S.
Hallett, J.A.
S.C.C. No. 02631
IN THE SUPREME COURT OF NOVA SCOTIA
APPEAL DIVISION
BETWEEN:
GEORGE ARCHIBALD WHYTE (WHITE) )
)
Appellant ) REASONS FOR
) JUDGMENT BY:
- and - )
) HART, J.A.
HER MAJESTY THE QUEEN ) (orally)
)
Respondent )
)
)
)
)