CASE NO. VOLUME PAGE
Cite as: R. v. B.W.F., 1998 NSCA 185
B.W.R. HER MAJESTY THE QUEEN
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(Appellant) (Respondent)
C.A.C. No. 146512 Halifax, N.S. Freeman, J.A.
APPEAL HEARD: September 15, 1998
JUDGMENT DELIVERED: September 18, 1998
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SUBJECT: Criminal Law, sexual assault, ineffective counsel
SUMMARY: The appellant was convicted of sexual assault upon his teenage niece as the result of a number of incidents of touching. The trial judge believed the complainant and another crown witness, but did not find the appellant to be a credible witness. The appellant, relying on ss. 7 and 11 of the Canadian Charter of Rights and Freedoms, appealed on ground that he had not been effectively represented by his counsel. In particular, a witness the appellant considered important was not called. There was no application to admit fresh evidence on the appeal.
ISSUES: Was the appellant deprived of his rights under ss. 7 and 11 of the Charter by ineffective assistance of counsel?
RESULT: The appeal was dismissed. The test in Schofield v. R. (1996), 148 N.S.R. (2d) 175 (C.A.) was not met. The omitted evidence the appellant considered important did not raise a realistic concern on a potentially decisive issue, and the record did not disclose that the appellant had been ineffectively represented.
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This information sheet does not form part of the Court's decision. Quotes must be from the decision, not this cover sheet. The full court decision consists of 3 pages.
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