Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation:  R. v. Pottie, 2013 NSCA 68

Date: 20130530

Docket: CAC 405174

Registry: Halifax

Between:

Adam Frederick Pottie

Appellant

v.

Her Majesty the Queen

Respondent

Judge:                           The Honourable Justice David P.S. Farrar

Appeal Heard:    April 3, 2013

Subject:                         Criminal Law.  Appeal from Summary Conviction Appeal Court, s. 839 of the Criminal Code of Canada, R.S.C. 1985, c. C-46. Prerequisites for Granting Leave to Appeal.

Summary:                     The appellant pled guilty to the offence of assault causing bodily harm.  At sentencing he sought a conditional discharge.  The sentencing judge rejected this request and imposed a suspended sentence with a 16-month period of probation.  The appellant appealed to the Summary Conviction Appeal Court alleging the sentencing judge applied too restrictive a test when considering his request for a conditional discharge.  The SCAC appeal was dismissed.  The appellant appealed to this Court, essentially arguing the same grounds of appeal argued before the SCAC.  He sought leave to appeal and, if granted, to appeal the decision of the SCAC.

Held:                                       Leave to appeal denied.  There was nothing exceptional about this case that warranted leave to appeal being granted.  The issues raised by the appellant deal with settled law and are not significant to the administration of justice.  No further guidance was required about who can or should receive a conditional discharge.  Further, there was no clear error on the face of the Summary Conviction Appeal Court Justice’s decision.  The appellant was simply attempting to re-argue the decision of the sentencing judge.