Court of Appeal

Decision Information

Decision Content

 Date: 19981117                                                                               Docket: CAC 145856

 

 

 

                                              NOVA SCOTIA COURT OF APPEAL

                                         Cite as: R. v. Henneberry, 1998 NSCA 232

 

                                           Chipman, Freeman and Roscoe, JJ.A.

 

 

 

 

BETWEEN:                                                                          )

)

JOHN NORMAN HENNEBERRY                                       )           Brian F. Bailey

)           for the Appellant

Appellant                    )

)

- and -                                                                                    )

)

HER MAJESTY THE QUEEN                                             )           Dana W. Giovannetti

)           for the Respondent

Respondent               )

)

)

)           Appeal Heard:

)           November 17, 1998

)          

)

)           Judgment Delivered:

)           November 17, 1998

 

 

 

 

 

 

 

 

 

 

THE COURT:           The appeal is dismissed as per oral reasons for judgment of Chipman, J.A.; Freeman and Roscoe, JJ.A., concurring.

 

 

 


The reasons for judgment of the Court were delivered orally by:

 

 

CHIPMAN, J.A.:

 

The appellant was convicted in Provincial Court of an assault causing bodily harm.  He appeals, claiming that the trial judge erred in law by applying incorrect tests in convicting him.

 

Having reviewed the record, including the reasons of the trial judge, and having heard counsel for the appellant and the Crown, we are satisfied that the trial judge did not err in finding the appellant guilty.  The appeal is dismissed.

 

 

 

 

Chipman, J.A.

 

Concurred in:

Freeman, J.A.

 

Roscoe, J.A.

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