Court of Appeal

Decision Information

R. v. MacKenzie

Court Court of Appeal
Date 2007-01-25
Citation 2007 NSCA 10
Docket CAC 266773
Judge/Registrar/Adjudicator Bateman, Nancy J. (Honourable Justice) (CA); Roscoe, Elizabeth A. (Honourable Justice) (CA); Cromwell, Thomas A. (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. MacKenzie - 2007 NSCA 10 - 2007-01-25 - Decision

Decision Content

NOVA SCOTIA COURT OF APPEAL

Citation: R. v. MacKenzie, 2007 NSCA 10

 

Date: 20070125

Docket: CAC 266773

Registry: Halifax

 

Between:

Daniel John MacKenzie

Appellant

v.

 

Her Majesty the Queen

Respondent

 

 

Judge:                   The Honourable Justice Nancy Bateman

 

Appeal Heard:        January 16, 2007

 

Subject:                Ineffective assistance of counsel; sentence appeal     

 

Summary:             Appeal of both conviction and sentence in relation to a charge of break and entry with intent (s. 348(1)(a) Criminal Code of Canada, R.S.C. 1985, c. C-46) 

 

The appellant was found in a dwelling house.  The defence at trial was that he was not the perpetrator.  Pre-trial eyewitness identification was weak.  The accused did not testified.  He was convicted on dock identification and circumstantial evidence.  He complains of ineffective assistance of counsel in, inter alia, advising him not to testify and of excessive sentence.

 

Issue:                    Is complaint of ineffective assistance made out?  Is sentence excessive?  

 

Result:                  Applying the reasonableness standard, ineffective assistance claim not made out.   Three year sentence after credit for time served not excessive for this mature, repeat offender.

 

This information sheet does not form part of the court’s judgment.  Quotes must be from the judgment, not this cover sheet.  The full court judgment consists of 5 pages.

 

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