Appeal of conviction and sentence for destroying prescribed trees dismissed, rejecting claims of own use and ineffective counsel.
The appellant, Joseph Scott Hill, appealed his conviction and sentence for destroying or harvesting prescribed trees contrary to a Haldimand County by-law.
The appeal challenged the trial Justice of the Peace's interpretation of the "own use" exception and alleged ineffective assistance of trial counsel.
The appellant also sought a reduced fine and restitution.
The court dismissed both the conviction and sentence appeals, finding no palpable and overriding error in the "own use" interpretation and no factual basis for the ineffective assistance claim.
The court also dismissed the respondent's request for costs, deeming the appeal not to meet the high threshold for a cost award.
OCJCourt of JusticeMar 8, 2023
