Supreme Court

Decision Information

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: R. v. Fitzpatrick., 2005 NSSC 298

 

Date: 20051005

Docket: SH 228523

Registry: Halifax

Between:

Donald Patrick Fitzpatrick

                                                                                                 Appellant/Applicant

                                                             v.

 

Her Majesty the Queen

Respondent

 

LIBRARY HEADING

 

Judge:             The Honourable Justice Walter R.E. Goodfellow

 

Heard:                        October 5, 2005, in Halifax, Nova Scotia

 

Written Decision:       November 3, 2005

 

Subject:                       Fresh Evidence

 

Summary:                   Fitzpatrick convicted of four counts under the Criminal Code of assault and uttering a threat.  Represented by counsel at trial.  Fitzpatrick has filed his own appeal and intends to be self-represented. 

 

Fitzpatrick applies for introduction of “fresh evidence” including a volume he prepared entitled “Historicity”.  Further that failure to provide certain material should constitute   incompetency on the part of his trial solicitor.

 

Issue:                          The evidence advanced “fresh evidence” and such that should be admitted on appeal?

 

Result:                        Issue answered in the negative. “Historicity” a recanting and expansion of the evidence he already presented to court.  Material pre-dated court hearing and was either addressed or readily available at trial.  An appeal is not a re-trial, an appeal is not an extension of the trial.

Application to admit “fresh evidence” dismissed.  Appeal to proceed as scheduled.

 

 

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