NOVA SCOTIA COURT OF APPEAL
Citation: R. v. McKenna, 2007 NSCA 40
Date: Decision Date 20070410
Docket: CAC 269728
Registry: Halifax
Between:
Randall Bruce McKenna
Appellant
v.
Her Majesty the Queen
Respondent
Judge: The Honourable Justice Thomas Cromwell
Appeal Heard: April 10, 2007
Subject: Unreasonable verdict – fitness of sentence
Summary: The appellant was convicted of stealing a truck and breach of an undertaking. He was sentenced to 24 months for the theft, 4 months consecutive for the breach, less 4 months credit for time on remand awaiting trial. He appealed his convictions and the sentences.
Issues: 1. Were the verdicts unreasonable?
2. Were the sentences fit?
Result: Appeal from the breach conviction allowed and the four month sentence imposed with respect to it set aside. There was no evidence that the undertaking was in force at the date of the alleged breach. Appeal from the conviction and sentence for the theft dismissed. There was ample evidence to support the conviction and the sentence was not manifestly unfit.
|
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 6 pages. |