R. v. Lalanne
The application for leave was dismissed because the matter raised factual issues resolved by the trial judge's credibility findings; no question of law was presented and no legal error was shown in the trial judge's assessment of evidence.
Source-derived case information.
- Citation
- 1997 NSCA 175
- Parties
- Appellant: Glen Charles Lalanne; Respondent: Her Majesty the Queen
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 October 1997
- Procedural Posture
- Criminal Application for Leave to Appeal / Application for Leave to Appeal Under S.839(1)(g) Criminal Code (court of Appeal)
- Outcome
- Application for leave to appeal dismissed
- Legal Topics
- Common Assault, Leave to Appeal, Questions of Law, Credibility Findings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Glen Charles Lalanne
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Application for Leave to Appeal / Application for Leave to Appeal Under S.839(1)(g) Criminal Code (court of Appeal)
Legal Issues
- 1 Whether the application raised a question of law alone as required by s.839(1)(g) of the Criminal Code
- 2 Whether the trial judge erred in law or in assessing the evidence in convicting the appellant of common assault
Ratio Decidendi
The application for leave was dismissed because the matter raised factual issues resolved by the trial judge's credibility findings; no question of law was presented and no legal error was shown in the trial judge's assessment of evidence.
Court Disposition
Application for leave to appeal dismissed
Orders
- Application for leave to appeal dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Lalanne Court Court of Appeal Date 1997-10-16 Citation 1997 NSCA 175 Docket CAC 139154 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Hart, Gordon L.S. (Honourable Justice); Jones, Malachi C. (Honourable Justice) (CA) Document Type Decision Relations Library Sheet - R. v. Lalanne - 1997 NSCA 175 - 1997-10-16 - Library Sheet Decision Content Date: 19971016 Docket: C.A.C. 139154 NOVA SCOTIA COURT OF APPEAL Cite as: R. v. Lalanne, 1997 NSCA 175 Chipman, Hart and Jones, JJ.A. BETWEEN: GLEN CHARLES LALANNE ) Appellant did not appear ) Appellant ) ) - and - ) ) Kenneth W.F. Fiske, Q.C. ) for the Respondent HER MAJESTY THE QUEEN ) ) Respondent ) Appeal Heard: ) October 16, 1997 ) ) ) Judgment Delivered: ) October 16, 1997 ) ) ) ) ) ) ) ) THE COURT: Application for leave to appeal dismissed per oral reasons for judgment of Jones, J.A.; Hart and Chipman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: JONES, J.A.: (Orally) This is an application for leave to appeal under s. 839(1)(g) of the Criminal Code of Canada, R.S.C. 1985, c. C-46 by the appellant from his conviction on a charge of common assault. An appeal under that section must raise a question of law alone. The issue in this case turned on the facts. In entering a conviction, the trial judge accepted the evidence of the Crown witnesses over the evidence of the appellant. We agree with the conclusion of Justice Anderson on appeal, that the trial judge committed no error in law or in assessing the evidence, in convicting the appellant. The application for leave to appeal is dismissed. Jones, J.A. Concurred in: Hart, J.A. Chipman, J.A. C.A.C. No. 139154 NOVA SCOTIA COURT OF APPEAL BETWEEN: GLEN CHARLES LALANNE ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: HER MAJESTY THE QUEEN ) ) JONES, J.A. ) (Orally) Respondent ) ) ) ) ) ) )