Supreme Court

Decision Information

R. v. Chickness

Court Supreme Court
Date 2011-06-10
Citation 2011 NSSC 225
Docket CRA 336301
Judge/Registrar/Adjudicator Scaravelli, Nicoll M. (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. Chickness - 2011 NSSC 225 - 2011-06-10 - Decision

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: R v. Chickness, 2011 NSSC 225

 

Date: 20110610

Docket: CRA 336301

Registry: Pictou

 

Between:

Her Majesty the Queen

Appellant

 

v.

 

 

John Alfred Chickness

Respondent

 

LIBRARY HEADING

 

Judge:             The Honourable Justice N.M. Scaravelli

 

Heard:                        May 20, 2011 in Pictou, Nova Scotia

 

Oral Decision:            June 10, 2011

 

Subject:                       Summary Conviction Sentence Appeal

 

Summary:                   Offences–assault causing bodily harm Section 267(b) of the Criminal Code; possession of a weapon Section 88 of the Criminal Code.

 

Consent Appeal–trial judge erred in law by imposing conditional sentences that exceeded the maximum allowable.

 

Issue:                          Jurisdiction of summary conviction appeal court on sentence.

 

Result:                        Appeal Court has no jurisdiction to return to trial judge for sentence.  Appeal Court to sentence without deference to trial judge.  Appeal Court imposed 15 months Conditional Sentence for Section 267(b) charge, three months conditional concurrent for Section 88 charge, and 18 months Probation.

 

 

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