Date: 19980529 Docket: C.A.C. 145143
NOVA SCOTIA COURT OF APPEAL
Cite as: R. v. Mansour, 1998 NSCA 154
Bateman, Flinn and Cromwell, JJ.A.
BETWEEN:
SOLOMON MANSOUR ) Hector J. MacIsaac
) for the Appellant
Appellant )
)
- and - )
) Denise C. Smith
) for the Respondent
HER MAJESTY THE QUEEN )
)
Respondent ) Appeal Heard:
) May 29, 1998
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) Judgment Delivered:
) May 29, 1998
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Editorial Notice
Identifying information has been removed from this electronic version of the judgment. |
THE COURT: Appeal dismissed per oral reasons for judgment of Flinn, J.A.; Bateman and Cromwell, JJ.A. concurring.
FLINN, J.A.: (Orally)
Following a hearing, pursuant to the provisions of s. 742.6 of the Criminal Code of Canada, R.S.C. 1985, c. C-46 before Provincial Court Judge Clyde MacDonald, the appellant was found to be in breach of the conditions of a conditional sentence which had been imposed upon him on August 7th, 1997. The conditional sentence had been imposed after the appellant was convicted of four offences involving one D.L..
One of the conditions imposed upon the appellant, as a term of the conditional sentence, was that he:
..... stay away from the person, premises, place of business of D.L..
The Crown complied with the provisions of s. 742.6(4) of the Code which provides as follows:
742.6(4) An allegation of a breach of condition must be supported by a written report of the supervisor, which report must include, where appropriate, signed statements of witnesses.
At the hearing, Judge MacDonald was satisfied that the Crown had proved, on a balance of probabilities, the substance of the allegations of breach contained in the supervisor=s report and the witnesses statements. Judge MacDonald found that the appellant breached the conditions of his conditional sentence, he revoked the conditional sentence and directed the appellant be committed into custody for the remainder of his sentence.
Judge MacDonald made no reviewable error in coming to this conclusion.
The appeal is dismissed.
Flinn, J.A.
Concurred in:
Bateman, J.A.
Cromwell, J.A.
C.A.C. No.145143
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
SOLOMON MANSOUR
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
HER MAJESTY THE QUEEN )
) FLINN, J.A.
) (Orally)
Respondent )
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