R v Hales, 2015 SKCA 131
Opinion
Court of Appeal for Saskatchewan Docket: CACR2553 Citation: R v Hales , 2015 SKCA 131 Date: 2015-11-23 Between: Douglas Richard Hales Appellant And Her Majesty the Queen Respondent Before: Jackson, Caldwell and Whitmore JJ.A. Disposition: Appeal dismissed (orally) Written reasons by: The Honourable Madam Justice Jackson In concurrence: The Honourable Mr. Justice Caldwell The Honourable Mr. Justice Whitmore On Appeal From: 2014 SKQB 411 , Saskatoon Heard: 23 November 2015 Counsel: Marianna Jasper for the Appellant W.
Dean Sinclair, Q.C. for the Respondent Jackson J.A. (Orally) [ 1 ] We are unanimous in our verdict. As is our usual practice in preparation for today’s appeal hearing we reviewed all of the material available to us that is relevant to the appeal: the extensive transcripts, the written arguments from this Court and the Court of Queen’s Bench, and the exhibits, including the photographs. [ 2 ] Ms. Jasper, on behalf of the appellant, has put forth three grounds of appeal. We have considered those closely as represented in the appellant’s factum and by virtue of your arguments today.
In none of these grounds do we see a basis to intervene with the decision of Justice Allbright ( R v Hales , 2014 SKQB 411 ). In our view, he committed no reversible errors of fact or law. [ 3 ] Furthermore, the verdict under s. 235 of the Criminal Code , RSC 1985, c C-46 is not unreasonable and it is not unsupported by the evidence. Indeed, the evidence against the appellant, we find, is overwhelming. The case against the appellant is composed not solely of admissions made in the context of the “Mr. Big” operation, but rather it is supported by his actions.
Among those actions we would list the fact that he took the undercover officers to the site where the body was found and he also gave a warned statement to the investigating officers in Saskatoon. [ 4 ] Having regard for all of the arguments and the evidence, we find we must dismiss the appeal.
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