Court of Appeal

Decision Information

R. v. Graves

Court Court of Appeal
Date 2000-12-28
Citation 2000 NSCA 150
Docket CA 164242
Judge/Registrar/Adjudicator Glube, Constance R. (Honourable Chief Justice) (CA); Bateman, Nancy J. (Honourable Justice) (CA); Oland, Linda L. (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. Graves - 2000 NSCA 150 - 2000-12-28 - Decision

Decision Content

CASE NO.                                                  VOLUME                                                          PAGE

 

GARY GRAVES                                                                             HER MAJESTY THE QUEEN

                                                                         - and -

(Appellant)                                                                                                                  (Respondent)

 

C.A.C.  No.  164242                                Halifax, N.S.                                         Glube, C.J.N.S.

                                                                                                                                         

                                            [Cite as R. v. Graves, 2000 NSCA 150]

 

 

APPEAL HEARD:                                        November 22, 2000

 

JUDGMENT DELIVERED:              December 28, 2000

 

 

SUBJECT:           CRIMINAL LAW - appeal of conviction for aggravated assault and appeal of sentence

 

SUMMARY:         Accused and others testified about an aggravated assault.  Victim does not recall the event.  Trial judge’s reasons minimal on the issue of self-defence and issues of credibility and conflicts.

 

ISSUE:                 Did the trial judge err in law by failing to give sufficient reasons for his decision?

 

RESULT:  Trial judge gave inadequate reasons why self-defence rejected and failed to resolve issues of credibility and conflicts in the evidence.  Failed to properly apply R. v. W.(D.).

 

New trial ordered.

 

 

 

 

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