Date: 19971016 Docket: C.A.C. 139154
NOVA SCOTIA COURT OF APPEAL
Cite as: R. v. Lalanne, 1997 NSCA 175
Chipman, Hart and Jones, JJ.A.
BETWEEN:
GLEN CHARLES LALANNE ) Appellant did not appear
)
Appellant )
)
- and - )
) Kenneth W.F. Fiske, Q.C.
) for the Respondent
HER MAJESTY THE QUEEN )
)
Respondent ) Appeal Heard:
) October 16, 1997
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) Judgment Delivered:
) October 16, 1997
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THE COURT: Application for leave to appeal dismissed per oral reasons for judgment of Jones, J.A.; Hart and Chipman, JJ.A. concurring.
The reasons for judgment of the Court were delivered orally by:
JONES, J.A.: (Orally)
This is an application for leave to appeal under s. 839(1)(g) of the Criminal Code of Canada, R.S.C. 1985, c. C-46 by the appellant from his conviction on a charge of common assault. An appeal under that section must raise a question of law alone. The issue in this case turned on the facts. In entering a conviction, the trial judge accepted the evidence of the Crown witnesses over the evidence of the appellant. We agree with the conclusion of Justice Anderson on appeal, that the trial judge committed no error in law or in assessing the evidence, in convicting the appellant. The application for leave to appeal is dismissed.
Jones, J.A.
Concurred in:
Hart, J.A.
Chipman, J.A.
C.A.C. No. 139154
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
GLEN CHARLES LALANNE
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
HER MAJESTY THE QUEEN )
) JONES, J.A.
) (Orally)
Respondent )
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