Nova Scotia Court of Appeal Citation: R. v. MacLean , 2014 NSCA 85 Date: 2014-09-22 Docket: CAC 418159 Registry: Halifax Between: James Kenneth MacLean Appellant v. Her Majesty the Queen Respondent Judges: Hamilton, Beveridge and Farrar, JJ.A. Appeal Heard: September 22, 2014, in Halifax, Nova Scotia Written Release: September 23, 2014 Held: Appeal dismissed, per oral reasons for judgment by the Court Counsel: James Kenneth MacLean, appellant in person Marian Fortune-Stone, Q.C., for the respondent By the Court (orally): [ 1 ] Mr.

MacLean complains that the trial judge erred in law in a variety of ways and a miscarriage of justice was caused by the ineffectiveness of counsel or by judicial partiality. He also says that the effective length of his sentence is too long. [ 2 ] We have thoroughly reviewed the complete trial record. We are unanimously of the view that there is no merit to the appellant’s complaints of legal error, nor is there any basis whatsoever for his stated views that his lawyer was in a conflict, or that the trial judge, the Honourable Judge Jean M.

Whalen of the Provincial Court, was not impartial. [ 3 ] The only issue raised by the appellant with respect to the sentence of twelve months concurrent for the two offences of break and entering a dwelling house is the decision by the trial judge not to give two for one credit for the 55 days he spent on remand between conviction and sentence. [ 4 ] The appellant’s challenge is again without merit. The two for one credit at that time was not available as a matter of law. The most that could be given would be a credit of one point five to one.

A decision with respect to the amount of credit of up to one point five to one for time spent on remand is a discretionary one. As such it is accorded deference. We see no error in the principles applied by the trial judge in the exercise of her discretion. [ 5 ] The appeal from conviction is dismissed, as is the application for leave to appeal sentence. Beveridge, J.A. Hamilton, J.A.

Farrar, J.A.