Court of Appeal

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C.A.C. No. 127183

 

 

 

                                              NOVA SCOTIA COURT OF APPEAL

Cite as: R. v. Lynch, 1997 NSCA 84

 

                                             Chipman, Bateman and Flinn, JJ.A.

 

 

 

 

 

 

BETWEEN:                                                                          )

)

DARREN GENE LYNCH                                                     )           Joseph A. MacDonell                      

)           for the Appellant

Appellant                    )

)

- and -                                                                                    )

)

HER MAJESTY THE QUEEN                                             )           Dana W. Giovannetti

)           for the Respondent

Respondent               )

)                                              

)           Appeal Heard:

)           April 2, 1997

)

)

)           Judgment Delivered:

)           April 2, 1997

 

 

 

 

 

 

 

 

THE COURT:           The appeal is dismissed as per oral reasons for judgment of Chipman, J.A.; Bateman and Flinn, JJ.A., concurring.

 

 

 

 

 

The reasons for judgment of the Court were delivered orally by:

CHIPMAN, J.A.:


The appellant was convicted in Provincial Court of nine offences committed against his common law wife between 1988 and 1991.  He was sentenced to a total of 12 years incarceration.

The appellant appeals the nine convictions to this Court alleging that the Provincial Court judge misdirected himself on the burden of proof that lay upon the Crown at trial, and on the ground that the verdicts were unreasonable.

Having carefully reviewed the record and the written submissions of counsel and having heard counsel for the appellant and the Crown, we are of the unanimous opinion that the Provincial Court judge did not misdirect himself on the Crown's burden of proof and that the verdicts were reasonable.

The appeal is dismissed.

 

 

 

Chipman, J.A.

 

Concurred in:

Bateman, J.A.

 

Flinn, J.A.

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