C.A.C. No. 02803
NOVA SCOTIA COURT OF APPEAL
Cite as: R. v. Chaisson, 1993 NSCA 126
Jones, Hallett and Roscoe, JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN ) Michael A. Pare
) for the Appellant
Appellant )
)
- and - )
) Gerald A. MacDonald
) for the Respondent
CLINTON CHAISSON )
)
Respondent ) Appeal Heard:
) June 1, 1993
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) Judgment Delivered:
) June 1, 1993
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THE COURT: Application for leave to appeal dismissed per reasons for judgment of Jones, J.A.; Hallett and Roscoe, JJ.A. concurring.
The reasons for judgment of the Court were delivered orally by:
JONES, J.A.
This is an application by the Crown for leave to appeal on a question of law. The respondent was charged under s. 91.1(1)(a) of the Atlantic Fishery Regulations, 1985. The respondent was acquitted on the ground that he had established the defence of due diligence. An appeal to the County Court was dismissed.
The issue raised on the present application is whether there was sufficient evidence to raise the defence. In our view there was evidence that the respondent had exercised due diligence. The sufficiency of that evidence was a matter for the trial judge. We find no error of law on that issue in the courts below which would justify the granting of leave to appeal. The application is dismissed.
J.A.
Concurred in:
Hallett, J.A.
Roscoe, J.A.
C.A.C.. No. 02803
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
HER MAJESTY THE QUEEN
)
Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
CLINTON CHAISSON )
) JONES, J.A.
) (orally)
Respondent )
)
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)
)
)