Court of Appeal

Judge:

The Honourable Mr. Justice Jamie W.S. Saunders

Appeal Heard:

January 28, 2014, in Halifax, Nova Scotia

Subject:

Break and Enter.  Admissibility of Statements. Allegations of Crown Misconduct.  Unreasonable Verdict.  Fitness of Sentence.  Standard of Review.

Summary:

The appellant appealed his conviction and sentence of five years imprisonment for break and enter.  He claimed that the trial judge erred in admitting and considering the testimony of the appellant’s surety;  denying him a fair trial by “forcing” him to proceed with a lawyer he didn’t want; failing to hold a hearing to deal with his complaint of Crown misconduct; by reaching a verdict that was unreasonable because he ignored “holes” in the Crown’s case; by admitting and relying upon the evidence of two neighbours; by improperly applying the doctrine of recent possession; and by imposing a sentence that was demonstrably unfit.

Held:

Appeal dismissed.  The Court explained in detail why there was no merit to any of the appellant’s submissions.  The trial judge did not err in the manner in which he conducted the trial.  The conviction was fully supported in law and on the evidence.  Considering the appellant’s extensive criminal record spanning more than 40 years, a sentence of 5 years’ imprisonment in this case was fit and proper.