NOVA SCOTIA COURT OF APPEAL
[Cite as: R. v. Schrader, 2001 NSCA 186]
Bateman, Flinn and Cromwell, JJ.A.
BETWEEN:
ANTHONY BLAINE SCHRADER
Appellant
- and -
HER MAJESTY THE QUEEN
Respondent
ADDENDUM TO REASONS FOR JUDGMENT
Counsel: Jean C. Morris for the appellant
Dana W. Giovannetti, Q.C. for the respondent
Appeal Heard: January 30, 2001
Judgment Delivered: March 15, 2001
THE COURT: Application for leave to appeal sentence is dismissed.
THE COURT:
[1] In our reasons for judgment delivered on January 30th, 2001, we neglected to address the appellant’s application for leave to appeal his two month sentence on two counts of fraud. Both counts relate to obtaining goods by writing cheques for which there were not sufficient funds. The amounts were $243 and $287.84 respectively.
[2] The appellant has a lengthy criminal record including convictions for theft, attempted theft and fraud. There is a real risk that Mr. Schrader will re-offend making him ineligible for a conditional sentence: see R. v. Proulx, [2000] 1 S.C.R. 61 at § 69.
[3] We see no merit in the sentence appeal and accordingly the application for leave to appeal sentence is dismissed.
Bateman, J.A.
Flinn, J.A.
Cromwell, J.A.