Court of Appeal

Decision Information

R. v. Mohamad

Court Court of Appeal
Date 2013-09-18
Citation 2013 NSCA 104
Docket CAC 409515
Judge/Registrar/Adjudicator Hamilton, M. Jill (Honourable Justice); Beveridge, Duncan R. (Honourable Justice) (CA); Bryson, Peter M.S. (Honourable Justice) (CA)
Document Type Decision

Decision Content

Nova Scotia Court of Appeal

Citation:  R. v. Mohamad, 2013 NSCA 104

 

Date: 20130918

Docket: CAC 409515

Registry: Halifax

Between:

Mustafa (Steve) Mohamad

Appellant

v.

Her Majesty the Queen

Respondent

 

 

Judges:

Hamilton, Beveridge and Bryson, JJ.A.

 

Appeal Heard:

September 18, 2013, in Halifax, Nova Scotia

 

Written Release:

September 19, 2013

 

Held:

Leave to appeal denied, per oral reasons for judgment of Beveridge, J.A.; Hamilton and Bryson, JJ.A. concurring.

 

 

Counsel:

Jim O’Neil, for the appellant

Jill Hartlen, for the respondent

 

 

 

 

Reasons for judgment: (Orally)

[1]                  We are of the unanimous view that leave to appeal be denied.  The denial of leave in this case should not be viewed as necessarily endorsing all of the legal reasoning of the summary conviction appeal court or of the trial judge.  Even assuming an arguable error of law, the case against the appellant was overwhelming.  We are satisfied there is no possibility, absent the putative legal errors, that a reasonable trier of fact would have acquitted the appellant.

[2]                  Accordingly, leave to appeal is denied.

 

 

Beveridge, J.A.

Concurred in:

Hamilton, J.A.

 

Bryson, J.A.

 

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