SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Walker, 2011 NSSC 279
Date: 20110418
Docket: PtH 339447
Registry: Port Hawkesbury
Between:
Mary Virginia Kim Walker
Plaintiff
v.
Her Majesty The Queen
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Patrick J. Murray
Heard: April 18, 2011, in Port Hawkesbury, Nova Scotia
Written Decision: July 8, 2011
Subject: Assault (s. 266 CCC), Failure to comply with Undertaking (S. 145(5.1)CCC X 2)
Summary: Appeal from conviction of Assault (s. 266 CCC)
Issue: That the trial judge predetermined the guilt of the Appellant before hearing all the evidence and submissions of counsel, and that the trial judge erred in his decision of September 1, 2010 in his application of the test in R. v. W.D. 1991, 1 S.C.R. p. 742, (SCC) and misapplied the burden of proof
Result: The appeal allowed under s. 686.(1)(a)(ii), judgement of the trial court set aside new trial ordered.
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