Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation: R. v. Best, 2006 NSCA 116

Date: 20061025

Docket: CAC 251213

Registry: Halifax

Between:

Adam Devon Best

Appellant

v.

Her Majesty the Queen

Respondent

Judge:                   The Honourable Justice Nancy Bateman

Appeal Heard:      October 6, 2006

Subject:       Appeal of conviction and sentence.      

Summary:   After trial by jury Mr. Best was found guilty of four break and enters, three being into a dwelling house, one count of aggravated assault and one count of possession of stolen property.  The last count was stayed applying the Kienapple principle.  He received a thirteen year sentence.

Issues:         Mr. Best says the judge erred in his handling of the dismissal of two jurors; failed to adequately warn the jury of the dangers of convicting on uncorroborated accomplice testimony; and misinstructed on reasonable doubt.  The sentence, he says, is excessive.             

Result:        Appeal dismissed.  The judge did not err in the process followed in dismissing the two jurors; the Vetrovec caution was appropriate to the circumstances; the reasonable doubt instruction was in accordance with R. v. Lifchus, [1997] 3 S.C.R. 320 at paras. 36‑38.  Applying the deferential standard of review to the sentence, the judge did not err in principle nor did he overemphasize or fail to consider relevant factors, nor is the thirteen year sentence clearly unfit.  Fact specific.