NOVA SCOTIA COURT OF APPEAL
Citation: R. v. Lohnes, 2007 NSCA 24
Docket: CAC 267779
Registry: Halifax
Between:
Barry Russell Lohnes
Appellant
v.
Her Majesty The Queen
Respondent
Judge: The Honourable Justice Roscoe
Appeal Heard: February 5, 2007
Subject: Criminal law, impaired driving, jury charge on presumption of care and control (s. 258(1) Criminal Code); Sentence appeal - step theory, gap principle
Summary: The appellant was convicted by a jury of impaired driving and driving while prohibited and sentenced to 6 months incarceration. He appealed his convictions and sentence.
Issues: Did the trial judge err in the jury charge regarding the presumption of care and control in s. 258(1) of the Criminal Code? Was the sentence unfit?
Result: Appeal from convictions and sentence dismissed. Any error in the original jury charge was corrected in the re-charge. The sentence was not manifestly excessive in the circumstances, given the appellant’s record.
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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 23 pages. |