C.A.C. No. 123490
NOVA SCOTIA COURT OF APPEAL
Cite as: R. v. Marks, 1996 NSCA 113
Chipman, Roscoe and Pugsley, JJ.A.
BETWEEN: )
)
BRIAN ANGELO MARKS ) M. Joseph Rizzetto
) for the Appellant
)
Appellant )
)
- and - )
)
HER MAJESTY THE QUEEN ) Denise C. Smith
) for the Respondent
)
)
)
)
) Appeal Heard:
) April 4, 1996
)
)
) Judgment Delivered:
) April 4, 1996
THE COURT: The appeal is dismissed as per oral reasons for judgment of Chipman, J.A.; Roscoe and Pugsley, JJ.A., concurring.
The reasons for judgment of the Court were delivered orally by
CHIPMAN, J.A.:
We are unanimously of the opinion that the Summary Conviction Appeal Court judge made no error in allowing the respondent's appeal and ordering a new trial on the charge of impaired driving.
The appeal is dismissed.
Chipman, J.A.
Concurred in:
Roscoe, J.A.
Pugsley, J.A.