Nova Scotia Court of Appeal
Citation: R. v. Sylliboy, 2025 NSCA 81
Date: 20251120
Docket: CAC 516866
Registry: Halifax
Between:
Kevin Sylliboy
Appellant
v.
His Majesty the King
Respondent
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Judges: |
Farrar, Bryson, Van den Eynden, JJ.A. |
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Appeal Heard: |
November 20, 2025, in Halifax, Nova Scotia |
|
Written Release: |
November 20, 2025 |
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Held: |
Appeal dismissed, per reasons for judgment by the Court |
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Counsel: |
Michael Lacy, for the appellant Glenn Hubbard, for the respondent |
Reasons for judgment:
By the Court (Orally)
[1] We are unanimously of the view the appeal ought to be dismissed.
[2] The appellant’s argument the trial judge somehow misapprehended the evidence of Dr. Erik Mont is entirely without merit.
[3] The trial judge was entitled to draw inferences based on the presented evidence. He engaged the correct legal test and concluded the only reasonable inference that could be drawn under the circumstances was the appellant fired at James Blair with the requisite intent to kill him.
[4] The question for the Court is whether the inference drawn by the trial judge was reasonable.[1]
[5] The trial judge’s inferences are well grounded in the evidence presented to him.
[6] There was no basis to conclude, on that evidence, the shot fired was intended for Mr. Blair’s arm.
[7] The trial judge’s conclusion the appellant intended to kill Mr. Blair, or in the alternative, cause Mr. Blair bodily harm that he knew would likely result in his death, was reasonable.
[8] The appeal is dismissed.
Farrar, J.A.
Bryson, J.A.
Van den Eynden, J.A.