Court of Appeal

CASE NO.                                     VOL. NO.                                            PAGE

DANIEL INNOCENTE                         - and -                           HER MAJESTY THE QUEEN

(Appellant)                                                                                                                  (Respondent)

CAC 155817                                            Halifax, N.S.                                         Chipman, J.A.

                                          [Cite as: R. v.  Innocente, 2000 NSCA 74]

APPEAL HEARD:                                 January 28, 2000

SUPPLEMENTARY

SUBMISSIONS RECEIVED:              April 13, 2000 and April 27, 2000

 JUDGMENT DELIVERED:                June 7, 2000

SUBJECT:                           Criminal Law - Appeal from convictions following jury trial of conspiracy to traffic in cannabis resin.

SUMMARY:        The appellant, self-represented, was convicted following a jury trial on two counts of conspiring to traffic in cannabis resin. Represented by counsel on appeal, he submitted that the trial judge made a number of errors including failure to order that his trial not proceed without counsel, failure to grant an adjournment long enough to enable him to get counsel who were willing to act, failure to order further disclosure, permitting oath helping of a Crown witness, the admission of other prejudicial evidence and allowing two counts of conspiracy to go to the jury when the evidence supported only one.  

ISSUE:                Did the trial judge err?                  

RESULT:            The Appeal Court reviewed the evidence and the issues and concluded that the trial judge had not erred except that the evidence pointed to but one conspiracy and only one conviction should have been entered. The conviction on the second count was set aside otherwise the appeal was dismissed.