NOVA SCOTIA COURT OF APPEAL
Citation: R. v. Rideout, 2003 NSCA 54
Date: 20030520
Docket: CAC 177529
Registry: Halifax
Between:
Kyle L. Rideout
Appellant
v.
Her Majesty the Queen
Respondent
JUDGE: CROMWELL, J.A. (Orally)
JUDGMENT DELIVERED: May 20, 2003
SUBJECT: Criminal Law - Ineffective Assistance of Counsel
SUMMARY: The appellant was convicted of breaking and entering a dwelling with intent to commit an indictable offence, sexual assault and breach of probation. He appealed arguing that he had not received effective assistance at trial from his then counsel, that the judge had erred in permitting certain cross-examination and that the verdict was unreasonable.
ISSUES: 1. Was the verdict unreasonable?
2. Did the judge err in permitting certain cross-examination?
3. Was the appellant’s trial counsel ineffective and did this cause prejudice to the appellant?
RESULT: The verdict was not unreasonable. The judge did not err in permitting the cross-examination complained of and the appellant did not discharge his burden of showing either that his trial counsel acted other than in accordance with reasonable professional judgment or that he suffered any prejudice as a result of his trial counsel’s conduct of the case.
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