R. v. Bevis (K.C.), 2000 NSCA 125

• Judge: Glube, C.J.N.S., Hallett and Flinn, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: November 01, 2000
• Jurisdiction: Nova Scotia
• Citations: 2000 NSCA 125;(2000), 188 N.S.R.(2d) 163 (CA)

R. v. Bevis (K.C.) (2000), 188 N.S.R.(2d) 163 (CA);

 587 A.P.R. 163

MLB headnote and full text

Temp. Cite: [2000] N.S.R.(2d) TBEd. NO.001

Kerry C. Bevis (appellant) v. Her Majesty The Queen (respondent)

(C.A.C. No. 163532; 2000 NSCA 125)

Indexed As: R. v. Bevis (K.C.)

Nova Scotia Court of Appeal

Glube, C.J.N.S., Hallett and Flinn, JJ.A.

November 1, 2000.

Summary:

The accused was convicted and sentenced in summary conviction proceedings for breach of a recognizance (Criminal Code, s. 811(b)). The accused appealed directly to the Court of Appeal, purportedly under s. 830.

The Nova Scotia Court of Appeal dis­missed the appeal on the ground that it lacked jurisdiction to hear it. Section 813 expressly provided that an appeal against sentence in a summary conviction proceed­ing was to the Supreme Court.

Criminal Law - Topic 7472.1

Summary conviction proceedings - Ap­peals - General - Appeal from sentence - The Nova Scotia Court of Appeal held that there was no right to appeal a sen­tence in summary conviction proceed­ings directly to the Court of Appeal under s. 830 of the Criminal Code - Section 813 expressly provided that the appeal was to the Supreme Court.

Cases Noticed:

Kourtessis et al. v. Minister of National Revenue et al. (1993), 153 N.R. 1; 27 B.C.A.C. 81; 45 W.A.C. 81; 81 C.C.C.(3d) 286 (S.C.C.), refd to. [para. 5].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 813 [para. 6]; sect. 830(1) [para. 3].

Counsel:

Kerry C. Bevis, on his own behalf;

William D. Delaney, for the respondent.

This appeal was heard on October 10, 2000, before Glube, C.J.N.S., Hallett and Flinn, JJ.A., of the Nova Scotia Court of Appeal.

On November 1, 2000, Hallett, J.A., delivered the following judgment for the Court of Appeal.