R. v. Mohamad, 2013 NSCA 104

Nova Scotia Court of Appeal Citation: R. v. Mohamad , 2013 NSCA 104 Date: 20130918 Docket: CAC 409515 Registry: Halifax Between: Mustafa (Steve) Mohamad Appellant v. Her Majesty the Queen Respondent Judges: Hamilton, Beveridge and Bryson, JJ.A. Appeal Heard: September 18, 2013, in Halifax, Nova Scotia Written Release: September 19, 2013 Held: Leave to appeal denied, per oral reasons for judgment of Beveridge, J.A.; Hamilton and Bryson, JJ.A. concurring.

Counsel: Jim O’Neil, for the appellant Jill Hartlen, for the respondent Reasons for judgment: (Orally) [ 1 ] We are of the unanimous view that leave to appeal be denied. The denial of leave in this case should not be viewed as necessarily endorsing all of the legal reasoning of the

summary conviction appeal court or of the trial judge. Even assuming an arguable error of law, the case against the appellant was overwhelming. We are satisfied there is no possibility, absent the putative legal errors, that a reasonable trier of fact would have acquitted the appellant. [ 2 ] Accordingly, leave to appeal is denied. Beveridge, J.A. Concurred in: Hamilton, J.A.

Bryson, J.A.