Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation: R. v. West, 2012 NSCA 112   

Date: 20121108

Docket: CAC 264962

Registry: Halifax

Between:

William Fenwick West

Appellant

v.

Her Majesty the Queen

Respondent

Judge:                           The Honourable Justice David P.S. Farrar

Appeal Heard:              June 11, 2012

Subject:                Criminal Law. Disclosure/Production of Third Party Records. Appeal from Conviction.

Summary:                 The appellant appeals from his conviction for the robbery of the Mahone Bay Bank of Montreal on December 18, 1998.  On the appeal he sought disclosure/production of information from the Crown as well as third party records.  He also sought to introduce fresh evidence on the appeal.                                     

Issues:             1.  Was the appellant entitled to any additional disclosure?

                         2.  Should the appellant be entitled to adduce fresh evidence on the appeal?

                              3.  Should his conviction be overturned?

Result:                    The motion for production/disclosure was dismissed, the motion to introduce fresh evidence on appeal was dismissed, and the appeal from conviction was dismissed.  In convicting the appellant, the trial judge did not commit any reviewable error.