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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.