R. v. Sykes (K.C.), 2014 NSCA 57

• Judge: Saunders, Fichaud and Farrar, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: June 04, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSCA 57;(2014), 346 N.S.R.(2d) 44 (CA)

R. v. Sykes (K.C.) (2014), 346 N.S.R.(2d) 44 (CA);

    1095 A.P.R. 44

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JN.007

Kenneth Curry Sykes (appellant) v. Her Majesty the Queen (respondent)

(CAC 417943; 2014 NSCA 57)

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

Nova Scotia Court of Appeal

Saunders, Fichaud and Farrar, JJ.A.

June 4, 2014.

Summary:

The accused was convicted of robbery while masked and breach of conditions of a recognizance or undertaking. He was sentenced to seven years' imprisonment. The accused appealed, arguing that the verdict was unreasonable and unsupported by the evidence. He was denied Legal Aid on the basis that the appeal lacked merit. The accused applied under s. 684 of the Criminal Code for the appointment of state-funded counsel.

The Nova Scotia Court of Appeal, per Farrar, J.A., in a judgment reported (2014), 339 N.S.R.(2d) 191; 1073 A.P.R. 191, dismissed the application. The appeal proceeded with the accused representing himself.

The Nova Scotia Court of Appeal dismissed the appeal.

Criminal Law - Topic 4865

Appeals - Indictable offences - Grounds of appeal - Verdict unreasonable or unsupported by evidence - The accused was convicted on charges of robbery while being masked and breach of a recognizance or undertaking - He appealed on the ground that the verdict was unreasonable or unsupported by the evidence - A mall store was robbed by an individual wearing a hat, dark sunglasses and a face shield - The robbery was videotaped - The individual was seen, prior to the robbery, sitting on a bench outside of the store, with his arm draped over the bench - He was not wearing gloves - The accused's body shape and height matched the individual who committed the robbery - The accused's fingerprint was found on the bench at the location where the videotaped individual's right hand had been resting - The accused admitted that the fingerprint was his - The robbed employee was unable to identify the accused as the individual who robbed the store, as his facial features were hidden - The Nova Scotia Court of Appeal dismissed the conviction appeal - The convictions were reasonable and amply supported by the evidence.

Cases Noticed:

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322, refd to. [para. 6].

R. v. Biniaris (J.) (2000), 252 N.R. 204; 134 B.C.A.C. 161; 219 W.A.C. 161; 2000 SCC 15, refd to. [para. 39].

R. v. Sinclair (T.) (2011), 418 N.R. 282; 268 Man.R.(2d) 225; 520 W.A.C. 225; 2011 SCC 40, refd to. [para. 39].

R. v. Beaudry (A.) (2007), 356 N.R. 323; 2007 SCC 5, refd to. [para. 39].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351, refd to. [para. 39].

R. v. Burke (J.) (No. 3), [1996] 1 S.C.R. 474; 194 N.R. 247; 139 Nfld. & P.E.I.R. 147; 433 A.P.R. 147, refd to. [para. 40].

R. v. Morin, [1988] 2 S.C.R. 345; 88 N.R. 161; 30 O.A.C. 81, refd to. [para. 43].

R. v. Leitch (J.), [2010] O.J. No. 6240 (C.J.), affd. [2012] O.A.C. Uned. 71; 2012 ONCA 85, refd to. [para. 43].

R. v. Nolet (R.) et al. (2010), 403 N.R. 1; 350 Sask.R. 51; 487 W.A.C. 51; 2010 SCC 24, refd to. [para. 43].

R. v. Luc, [2007] O.J. No. 4210 (C.J.), refd to. [para. 43].

Counsel:

Appellant in person;

William D. Delaney, Q.C., for the respondent.

This appeal was heard on March 18 and May 23, 2014, at Halifax, N.S., before Saunders, Fichaud and Farrar, JJ.A., of the Nova Scotia Court of Appeal.

On June 4, 2014, Farrar, J.A., delivered the following judgment for the Court of Appeal.