R v Connors, 2011 NLCA 74 (CanLII)

Connors was convicted of uttering threats to kill an animal contrary to section 264.1(1)(c) of the Criminal Code. The trial judge imposed a conditional discharge and one year of unsupervised probation.

Connors and the complainants were next door neighbours. The evidence of the complainants indicates that the issues were in regards to the number and activities of dogs on the complainants’ property. The specific incidents leading to the charge occurred on February 7, 2007. One complainant testified that Connors had stated on that occasion that if they (the complainants) did not get rid of the dogs, he was going to get rid of them, and that he (Connors) hates dogs and was going to kill the complainants’ dogs if they didn’t start cleaning up after them. Connors testified that he had issues with the dogs but denies making any threats. The trial judge was satisfied beyond a reasonable doubt that the incident occurred in the manner described by the Crown witnesses.

Connors appealed the conviction to the summary conviction appeal court. That court dismissed the appeal. Connors then appeals to this court for leave to appeal, setting out that: the appeal is from conviction, the order and the sentence on the grounds that the appellant was falsely accused, falsely arrested, incompetently represented, maliciously prosecuted and wrongfully convicted.

The judge indicates that Connors had full opportunity to testify and cross-examine witnesses at trial. Connors had the right to terminate his representation if dissatisfied. The trial was fact based and the trial judge made findings of fact and credibility and determined that the offence had been proven beyond a reasonable doubt. The summary conviction appeal judge heard argument and assessed the transcript finding no basis on which to overturn the findings and decision of the trial judge. Further, as there is no question of law before the court, there can be no proposed question of law with significance to the administration of justice. Leave to appeal is denied.

Source: Case Law

Jurisdiction: Newfoundland and Labrador

Topics: appealbeyond a reasonable doubtconditional dischargecriminalCriminal Codedogsleave to appealneighboursprobationquestion of lawthreatsuttering threats to kill an animal

Report a Broken Link