Court of Appeal

Decision Information

Decision Content

Nova Scotia Court of Appeal

Citation: R. v. R.S., 2014 NSCA 105

Date: 20141125

Docket: CAC 426547

Registry: Halifax

Between:

R.S.

Appellant

v.

Her Majesty The Queen

Respondent

 

Restriction on Publication: pursuant to ss. 110(1) and 111(1) of the Youth Criminal Justice Act

 

Judge:

The Honourable Justice J.E. (Ted) Scanlan

Appeal Heard:

October 8, 2014, in Halifax, Nova Scotia

Subject:

Evidence. Misapprehension of Evidence. Circumstantial Evidence.

Summary:

The appellant was one of two individuals apprehended following a robbery at a bus stop in Halifax. The victim provided a description to a police office and that information was broadcast to officers. Two individuals matching the description were apprehended, and a knife not inconsistent with the description as provided by the victim was found near where the two persons were first observed. 

Issue:

Did the trial judge misapprehend the circumstantial evidence which formed the basis of the conviction?

 

Result:

Appeal dismissed, the trial judge did not misapprehend the evidence and the evidence supported the trial judge’s finding of guilt beyond a reasonable doubt.

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