Cite as: R. v. Silver, 1989 NSCA 6
IN THE
SUPREME COURT OF
APPEAL DIVISION
Bart, Pace and Matthews JJ.A.
BETWEEN:
JOHN EARL SILVER
Appellant
-
and -
HER MAJESTY THE QUEEN
Respondent
TIlE COURT:
Leave to appeal granted
dismissed
as
per
Hart, J.A.i Pace and Matthews, JJ.A. concurring.
S.C.C. No.
01861
NOVA SCOTIA
)
)
Craig M.
Garson
)
for the Appellant
)
)
)
Kenneth W.
F. Fiske
)
for the Respondent
)
)
Appeal Heard:
)
February 3, 1989
)
)
Judgment Delivered:
)
February 3, 1989
)
and the appeal is hereby
oral
reasons
for
judgment
of
The reasons for
judgment of the Court were delivered
orally by:
HART,
J .A.
The
appellant
herein
his
conviction
and
applied
for
severity of his sentence.
The conviction appeal was abandoned
before hearing and will, therefore, be dismissed •
.The
offence involved the possession of goods
at over $1,000.00 stolen from the Department of National Defence
supply depot at Halifax.
An
appellant
and
several
service
government
was
developed
to
possession
of
large
quantities
wholesale
customers at prices
conviction after trial,
he
Judge
Cacchione
of
the
County
to
a
term
of
imprisonment
for
followed by a period of two years probation.
John Paul LeBlanc was the armed forces member involved
in the
scheme.
He
pleaded guilty to one
to
commit theft and
was
sentenced to
Paul O'Toole and Nathan Carl Euloth were the civilian employees.
They pleaded guilty to theft over $1,000.00 and O'Toole received
a
fine and Euloth 12 months imprisonment -
had previous criminal records.
The appellant had a previous criminal record including
similar
offences
and
was,
in
launched
an
appeal
against
leave
to
appeal
against
the
valued
elaborate
scheme
involving the
and
civilian
employees
of
the
enable
the
appellant
to
obtain
of
rope
which
he
resold
to
under
the market value.
Upon
was
sentenced
by
The
Honourable
Court
Judges'
Criminal
Court
a
period
of
two
years
to be
count of conspiracy
12
months
imprisonment.
none of these three
our
opinion,
the
king
pin
of
-
the
operation
and
the
sentence
one
under
all
of
the
circumstances.
grant leave to appeal but
1:;:C ::;1.
Concurred in:
Pace. J.A. #.&'
Matthews, J.A~.:,;(:~,~(
2
imposed
upon
him
was
a
fit
We
would,
therefore,
J.A.
CANADA
PROVINCE OF
NOVA SCOTIA
1987, C.R. 10343"
IN
THE
SUPREME COURT OF
NOVA SCOTIA
APPEAL DIVISION
on appeal from the
COUNTY
COURT JUDGE'S CRIMINAL
COURT
OF DIS~RICT NUMBER ONE
BETWEEN:
HER MAJESTY THE QUEEN
-
and
JOHN
EARL SILVER
(VOLUME I)
Heard Before:
The Honourable Judge Felix Cacchione
Place Heard:
Halifax, Nova Scotia
Dates Heard:
February 22 -
24, 1988
(Sentencing -
April 19, 1988)
Counsel:
Norman Clair, Esq., for the Crown
Craig Garson, Esq., for the Defence
CAS E
o N
A P PEA L
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