Supreme Court

Decision Information

R. v. Archibald

Court Supreme Court
Date 2007-01-19
Citation 2007 NSSC 21
Docket Cr.S.AT. 267112
Judge/Registrar/Adjudicator MacLellan, Douglas L. (Honourable Justice)
Document Type Library Sheet
Relations Decision - R. v. Archibald - 2007 NSSC 21 - 2007-01-19 - Decision

Decision Content

IN THE SUPREME COURT OF NOVA SCOTIA

Citation: R. v.  Archibald, 2007 NSSC  21

 

Date: 20070119

Docket: Cr. S.AT. No. 267112

Registry: Antigonish

 

Between:

Robert Francis Archibald

Appellant

v.

 

Her Majesty the Queen

Respondent

 

LIBRARY HEADING

 

Judge:                             The Honourable Justice Douglas L. MacLellan

 

Heard:                            December 14, 2006, in Antigonish, Nova Scotia

 

Subject:                          Criminal Law - Summary Conviction Appeal

 

Summary:                      Appellant convicted of assault on common-law spouse.  Information amended after trial evidence heard in regard to date of alleged assault.  On appeal fresh evidence introduced to establish time line of events prior to date of alleged assault. 

 

Issue:                    Would fresh evidence have impacted trial decision.

 

Result:                            Appeal allowed.  Fresh evidence could have impacted trial result.  Appellant was entitled to have his position clearly put to trial judge.  Did not do so because of confusion about date of alleged assault.

 

 

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