R. v. Downey
The application for leave to appeal the sentence was dismissed because the appellant failed to establish grounds warranting appellate intervention and had abandoned one of the grounds of appeal.
Source-derived case information.
- Citation
- 2001 NSCA 160
- Parties
- Appellant: Steward Clinton Downey; Respondent: Her Majesty the Queen
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 November 2001
- Procedural Posture
- Criminal Sentence Appeal / Application for Leave to Appeal (leave Hearing)
- Outcome
- Leave to appeal dismissed
- Legal Topics
- Leave to Appeal, Sentence Review, Abandonment of Grounds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Steward Clinton Downey
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal (leave Hearing)
Legal Issues
- 1 Whether leave to appeal the sentence should be granted
Ratio Decidendi
The application for leave to appeal the sentence was dismissed because the appellant failed to establish grounds warranting appellate intervention and had abandoned one of the grounds of appeal.
Court Disposition
Leave to appeal dismissed
Orders
- Application for leave to appeal the sentence dismissed
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Downey Court Court of Appeal Date 2001-11-13 Citation 2001 NSCA 160 Docket CAC 172289 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Flinn, Edward J. (Honourable Justice); Cromwell, Thomas A. (Honourable Justice) Document Type Decision Relations Library Sheet - R. v. Downey - 2001 NSCA 160 - 2001-11-13 - Library Sheet Decision Content Date: 20011113 Docket No.: CAC 172289 NOVA SCOTIA COURT OF APPEAL [Cite as: R. v. Downey, 2001 NSCA 160] Flinn, Freeman and Cromwell, JJ.A. BETWEEN: STEWARD CLINTON DOWNEY Appellant - and - HER MAJESTY THE QUEEN Respondent __________________________________________________________________ REASONS FOR JUDGMENT __________________________________________________________________ Counsel: Michael S. Taylor for the appellant James A. Gumpert, Q.C. for the respondent Appeal Heard: November 13, 2001 Judgment Delivered: November 13, 2001 THE COURT: Leave to appeal dismissed per oral reasons for judgment of Flinn, J.A.; Freeman and Cromwell, JJ.A. concurring. FLINN, J.A. (Orally): [1] The application for leave to appeal the sentence imposed on the appellant by the trial judge is dismissed. We note that the appellant has abandoned ground two as set out in the Notice of Appeal. Flinn, J.A. Concurred in: Freeman, J.A. Cromwell, J.A.