CASE NO. VOLUME NO. PAGE NO.
CHOICE ATLANTIC SEAFOODS INC.,
c/o Robert Anderson, 72 Queen Street, Canso, N.S.
(Appellant)
- and -
HER MAJESTY THE QUEEN
(Respondent)
Justice Margaret J. Stewart Bridgewater, N.S. S.BW. 5260
LIBRARY HEADING
[Cite as: R. v. Choice Atlantic Seafoods Inc., 2001 NSSC 161 ]
HEARD: at Bridgewater, N.S. November 7, 2001.
WRITTEN DECISION
DECISION: Nov. 15, 2001 RELEASED: Nov. 15, 2001.
SUBJECT: Criminal Law; Summary Conviction Appeal
SUMMARY: Appellant appeals sentence of $2,000 fine for unsightly premises. At the informal sentencing hearing the appellant submitted it felt it had complied with the Order of the Municipality since the finding of guilt and the Crown disagreed offering recent photographs of the property. Compliance was a factor to be considered on sentencing.
ISSUE: 1) The procedure to be followed by a sentencing judge during oral informal sentencing submissions when confronted with conflicting submissions, materials,
assertions or facts which do not go to guilt or innocence but which have or could have a critical effect on the length/amount of the sentence. 2) Can the matter be remitted back to Trial Judge to hold a sentencing hearing to determine the proper sentence to be imposed?
HELD: Principles in R. v. Newton (1982), 77 Cr. App. R. 13 and Williams v. R. (1984), Cr. App. R. 329 (Div. Ct.) applied. If the appellant’s version was to be rejected by the Trial Judge it should only have been so after a sentencing hearing with findings on a beyond reasonable doubt basis. Appellant entitled to the right to cross examine the author of the photographs submitted by the Crown on sentencing as proof of non-compliance with the Order. Contrary views as to whether pursuant to s. 687(1) of the Criminal Code the Court of Appeal can remit the matter back to the Trial Judge for a sentencing hearing. Concluded it is for the Court of Appeal to determine a fit sentence on hearing further submissions.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISIONS. QUOTES MUST BE FROM THE DECISION, NOT FROM THIS COVER SHEET.