Court of Appeal

Decision Information

R. v. Jones

Court Court of Appeal
Date 2006-12-19
Citation 2006 NSCA 136
Docket CAC 263149
Judge/Registrar/Adjudicator Hamilton, M. Jill (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA); Fichaud, Joel E. (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. Jones - 2006 NSCA 136 - 2006-12-19 - Decision

Decision Content

 

NOVA SCOTIA COURT OF APPEAL

Citation: R. v. Jones, 2006 NSCA 136

 

Date:  20061219

Docket: CAC 263149

Registry: Halifax

 

 

Between:

Thomas Arnold Jones

Appellant

v.

 

Her Majesty The Queen

Respondent

 

 

Judge:                            The Honourable Justice Roscoe

 

Appeal Heard:                November 30, 2006

 

Subject:       Criminal Law, new evidence on appeal, misapprehension of evidence, miscarriage of justice

 

Summary:   The appellant was convicted of counseling murder.  He appealed seeking to admit new evidence to support his allegation that there had been a misapprehension of evidence which lead to a miscarriage of justice.

 

Issues:         Should the new evidence be admitted? Was there a miscarriage of justice?

 

Result:        Appeal allowed. New evidence met the requirement of R. v. Palmer, [1980] 1 S.C.R. 759 and was admitted. With the benefit of the new evidence, it was clear that one of the alternative bases for the finding of guilt was based on a misapprehension of evidence. New trial ordered.

 

 

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