R. v. Carson
Leave to appeal was denied because the putative legal errors were not sufficiently clear nor significant to the administration of justice and did not demonstrate arguable grounds warranting leave after review of the record and submissions.
Source-derived case information.
- Citation
- 2022 NSCA 58
- Parties
- Appellant: His Majesty the King; Respondent: Glen Carson
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 27 September 2022
- Procedural Posture
- Criminal Appeal Under S. 839 of the Criminal Code / Application for Leave to Appeal to Court of Appeal (leave Denied)
- Outcome
- Leave to appeal denied
- Legal Topics
- Leave to Appeal, Summary Conviction Appeal, Acquittal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
His Majesty the King
Appellant
Glen Carson
Respondent
Procedural Posture
Criminal Appeal Under S. 839 of the Criminal Code / Application for Leave to Appeal to Court of Appeal (leave Denied)
Legal Issues
- 1 Whether leave to appeal under s. 839 of the Criminal Code should be granted
- 2 Whether the Summary Conviction Appeal Court judge erred in allowing an acquittal for sexual assault
Ratio Decidendi
Leave to appeal was denied because the putative legal errors were not sufficiently clear nor significant to the administration of justice and did not demonstrate arguable grounds warranting leave after review of the record and submissions.
Court Disposition
Leave to appeal denied
Orders
- Leave to appeal denied
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Carson Court Court of Appeal Date 2022-09-27 Citation 2022 NSCA 58 Docket CAC 511086 Judge/Registrar/Adjudicator Beveridge, Duncan R. (Honourable Justice) (CA); Bourgeois, Cindy A. (Honourable Justice) (CA); Beaton, Carole A. (Honourable Justice) (CA) Document Type Decision Decision Content Nova Scotia Court of Appeal Citation: R. v. Carson, 2022 NSCA 58 Date: 20220927 Docket: CAC 511086 Registry: Halifax Between: His Majesty the King Appellant v. Glen Carson Respondent Judges: Beveridge, Bourgeois and Beaton, JJ.A. Appeal Heard: September 27, 2022, in Halifax, Nova Scotia Written Release September 29, 2022 Held: Leave to appeal denied, per reasons for judgment of Beveridge, J.A.; Bourgeois and Beaton, JJ.A. concurring Counsel: Glenn Hubbard, for the appellant Thomas Singleton and Leora Lawson, for the respondent By the Court (Orally): [1] This is an appeal from an oral unreported decision of Justice Darlene Jamieson, sitting as a judge of the Summary Conviction Appeal Court, in which she allowed the respondent’s appeal from a summary conviction offence of sexual assault and ordered an acquittal. [2] The appeal is brought pursuant to s. 839 of the Criminal Code, R.S.C. 1985, c. C-46. It can only be on a question of law, with leave of the Court. [3] In deciding whether leave should be granted, we are to consider the significance of the legal issues raised to the general administration of criminal justice and the merits of the proposed grounds of appeal (see: R. v. R.E.M., 2011 NSCA 8; R. v. MacNeil, 2009 NSCA 46; R. v. Pottie, 2013 NSCA 68; and R. v. MacDonald, 2013 NSCA 45). [4] The putative legal errors are not so clear, nor even if they raise arguable issues, are so significant to the general administration of justice that leave to appeal should be granted. [5] Having reviewed the whole of the record, considered the appellant’s submissions, and the factors relevant to deciding whether leave should be granted, leave is denied. [6] As a result, it is not necessary to address the merits of the appeal. Beveridge, J.A. Concurred in: Bourgeois, J.A. Beaton, J.A.