CASE NO. VOL. NO. PAGE
BERNARD JOHN BROWN - and - HER MAJESTY THE QUEEN
Appellant Respondent
CAC 163860 Halifax ROSCOE, J.A.
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[Cite as: R. v. Brown, 2000 NSCA 147]
APPEAL HEARD: November 28, 2000
JUDGMENT DELIVERED: December 21, 2000
SUBJECT: Criminal Law, Criminal Code s. 515 (12), s. 127(1)
SUMMARY: The appellant was convicted of three counts of disobeying a court order contrary to s. 127(1) of the Criminal Code on the basis that he had breached an order to have no contact with the alleged victim of an assault charge made pursuant to s. 515(12) of the Code. The s. 515(12) order had been included in an order remanding the appellant into custody pending trial made under s. 515(5). The appellant was convicted after trial and remanded pursuant to s. 523 pending sentence. The second remand order did not contain any reference to the s. 515(12) order. The dates of alleged contact with the assault victim were after the trial.
ISSUES: Was the s. 515(12) order to have no contact with the assault victim in effect at the time of the alleged contact with her?
RESULT: Appeal allowed. The no contact order was no longer in effect at the time of the alleged contact with the assault victim.
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