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Date:
20061020
Docket:
CMAC-489
Citation:
2006 CMAC 2
CORAM: VEIT J. A.
BLAIS J. A.
ROBERTSON J.
A.
BETWEEN:
CORPORAL
M. J. BALLARD
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
Heard
at Edmonton, Alberta, on
October 6, 2006
Oral
decision delivered at Edmonton, Alberta, on October 6, 2006
Judgment
delivered at Ottawa, Ontario,
on October 20, 2006
REASONS FOR JUDGMENT OF THE COURT BY:
|
VEIT
J.A.
BLAIS
J.A.
ROBERTSON
J.A.
|
Date:
20061020
Docket:
CMAC-489
Citation:
2006 CMAC 2
CORAM: VEIT J. A.
BLAIS J. A.
ROBERTSON J.
A.
BETWEEN:
CORPORAL
M. J. BALLARD
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT
By the Court
[1]
At the hearing on October 6, 2006, we dismissed
the appellant’s appeal of three convictions for drug trafficking, undertaking
to provide reasons for the decision; these are the promised reasons.
[2]
The appellant raises two grounds of appeal.
First he challenges the credibility findings, both in the trial proper and in
the entrapment hearing, of the military judge. We are all of the view that the
military judge did not make any palpable and overriding error that would
justify this court’s interfering with his decision: Kemp v. Queen
2005 CMAC 5; Housen v. Nikolaisen [2002] 2 S.C.R. 235; R.
v. Gagnon [2006] S.C.J. No. 17é
[3]
Second, he asserts that the military judge
failed to deal with relevant evidence or misapprehended relevant evidence. We
are all of the view that the military judge did not misapprehend the evidence,
and, in particular, did not misapprehend the testimony of the witness Anne
Johnson in relation to the amended Agreed Statement of Facts. We have not been
persuaded that the military judge reached an unreasonable verdict: Nystrom
v. R. 2005 CMAC 7.
[4]
For these reasons, we dismissed the appeal.
“Joanne B. Veit
“Pierre Blais”
“J. T. Robertson”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: CMAC-489
STYLE OF CAUSE: Corporal
M.J. Ballard v. Her Majesty theQueen
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: October 6, 2006
REASONS FOR JUDGMENT
OF THE COURT: Veit J.A., Blais J.A. and Robertson J.A.
DATED: October 20, 2006
RENDERED
FROM THE
BENCH BY: Veit
J.A.
APPEARANCES:
LCol J.M. Dugas FOR
THE APPELLANT
Major R.F.
Holman FOR THE RESPONDENT
SOLICITORS
OF RECORD:
Defence Counsel
Services FOR THE APPELLANT
Ottawa, Ontario
Office of the
Directorate of Military Prosecutions FOR THE RESPONDENT
Ottawa, Ontario