Court of Appeal

CASE NO.                                         VOL. NO.                               PAGE

Cite as: R. v. Lowe, 1998 NSCA 67

LEROY JAMES LOWE                   - and -                        HER MAJESTY THE QUEEN

Appellant                                                                               Respondent

C.A.C. No. 142927                           Halifax                                   CHIPMAN, J.A.

APPEAL HEARD:                                       February 3, 1998

JUDGMENT DELIVERED:                       February 3, 1998

WRITTEN RELEASE OF ORAL:             February 5, 1998

SUBJECT:               SUMMARY APPEALS - QUESTION OF LAW - NO SUBSTANTIAL WRONG OR MISCARRIAGE OF JUSTICE

SUMMARY:              The appellant was convicted in Provincial Court of speeding and his appeal to the Supreme Court was dismissed.  The Supreme Court judge=s decision was filed apparently without knowledge that the appellant had a right to file a reply factum pursuant to directions given by another judge.

ISSUES:                    (1)       Whether the appeal on the merits raised a question of law.

(2)       Whether the Supreme Court judge erred in filing a decision prior to receipt of the rebuttal factum.

RESULTS:               (1)       Leave to appeal of the ground that the Crown had failed to prove the case beyond a reasonable doubt was refused because there being some evidence of identity before the trial judge.  No point of law was raised.

(2)       In any event, had the appellants rebuttal submission been drawn to the Supreme Court judge=s attention prior to the filing of the decision, the result would necessarily have been the same.  Leave on this point was granted but the appeal was dismissed.