R. v. Carr (T.), (2015) 438 N.B.R.(2d) 190 (CA)

• Judge: Quigg, Green and Baird, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: July 23, 2015
• Jurisdiction: New Brunswick
• Citations: (2015), 438 N.B.R.(2d) 190 (CA);2015 NBCA 49

R. v. Carr (T.) (2015), 438 N.B.R.(2d) 190 (CA);

    438 R.N.-B.(2e) 190; 1141 A.P.R. 190

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2015] N.B.R.(2d) TBEd. JL.030

Renvoi temp.: [2015] N.B.R.(2d) TBEd. JL.030

Timothy Carr (appellant) v. Her Majesty The Queen (respondent)

(107-14-CA; 2015 NBCA 49)

Indexed As: R. v. Carr (T.)

Répertorié: R. v. Carr (T.)

New Brunswick Court of Appeal

Quigg, Green and Baird, JJ.A.

July 23, 2015.

Summary:

Résumé:

The accused was convicted of assault with a weapon (truck) for pursuing his estranged wife's vehicle, pulling alongside her on the shoulder, and forcing her vehicle over the centre line in the face of oncoming traffic. The accused was sentenced to 45 days' imprisonment, to be served intermittently on weekends, plus two years' probation. The accused appealed his conviction.

The New Brunswick Court of Appeal dismissed the appeal.

Courts - Topic 589

Judges - Duties - To self-represented party - The accused was convicted of assault with a weapon (truck) for pursuing his estranged wife's vehicle, pulling alongside her on the shoulder, and forcing her vehicle over the centre line in the face of oncoming traffic - After the Crown's witnesses testified and were cross-examined by the accused's lawyer, the solicitor-client relationship broke down and the accused represented himself for the completion of the trial - The accused did not request new counsel or state-funded counsel - The trial judge's offer to adjourn to seek new counsel was rejected, as the accused "wanted to get it over with quick" - On appeal, the accused complained that his conviction should be quashed as he "had no legal representation and was left distressed and [abandoned] with no knowledge of the legal system" - The New Brunswick Court of Appeal dismissed the appeal - The case was neither lengthy nor complex - The trial judge was under no obligation to do more than offer an adjournment to seek new counsel - The accused was now second guessing his decision to complete the trial representing himself - That was not a ground for appellate review - See paragraphs 4 to 7.

Criminal Law - Topic 1416

Offences against person and reputation - Assaults - Assault with a weapon - The accused was convicted of assault with a weapon (truck) for pursuing his estranged wife's vehicle, pulling alongside her on the shoulder, and forcing her vehicle over the centre line in the face of oncoming traffic - The New Brunswick Court of Appeal affirmed the conviction - On the basis of the evidence accepted by the trial judge, "there was sufficient proof of the alleged offence" - See paragraph 15.

Criminal Law - Topic 4351

Procedure - Charge or directions - Jury or judge alone - Directions regarding burden of proof and reasonable doubt - [See Criminal Law - Topic 4377 ].

Criminal Law - Topic 4377

Procedure - Charge or directions - Jury or judge alone - Directions regarding credibility of witnesses - The accused was convicted of assault with a weapon (truck) for pursuing his estranged wife's vehicle, pulling alongside her on the shoulder, and forcing her vehicle over the centre line in the face of oncoming traffic - The trial judge accepted the wife's evidence as to what occurred and rejected the accused's version of the events - The accused had argued that he took his own measurements at the site of the alleged offence, which proved that the road was not wide enough to allow him to commit the offence as described in his wife's testimony - The accused challenged the trial judge's assessment of the wife's credibility - The New Brunswick Court of Appeal dismissed the appeal - The trial judge properly conducted the R. v. D.W. (SCC) analysis respecting the burden of proof and reasonable doubt - After accepting the evidence of the wife and an independent witness, and rejecting the accused's version of events as self-serving and lacking an "air of reality", the trial judge was satisfied that the Crown had established the accused's guilt beyond a reasonable doubt - Credibility findings were entitled to deference absent material error of law or palpable and overriding errors of fact - The trial judge's reasons were sufficiently detailed, offering justification for the credibility findings - The R. v. D.W. analysis was complete, articulate and unassailable - See paragraphs 9 to 12.

Criminal Law - Topic 4488

Procedure - Trial - Representation of accused - [See Courts - Topic 589 ].

Cases Noticed:

R. v. Osborne (S.) (2003), 268 N.B.R.(2d) 184; 704 A.P.R. 184; 2003 NBCA 86, refd to. [para. 5].

R. v. Gardiner (J.I.) (2010), 362 N.B.R.(2d) 179; 934 A.P.R. 179; 2010 NBCA 46, refd to. [para. 8].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 9].

R. v. Wilson (B.S.) (2013), 412 N.B.R.(2d) 100; 1070 A.P.R. 100; 2013 NBCA 38, refd to. [para. 10].

R. v. Doiron (P.) (2013), 405 N.B.R.(2d) 22; 1050 A.P.R. 22; 2013 NBCA 31, refd to. [para. 10].

R. v. J.N.C. (2013), 409 N.B.R.(2d) 310; 1062 A.P.R. 310; 2013 NBCA 59, refd to. [para. 10].

R. v. Holland (K.D.) (2013), 412 N.B.R.(2d) 384; 1070 A.P.R. 384; 2013 NBCA 69, refd to. [para. 10].

R. v. Robichaud (M.J.-G.) (2014), 415 N.B.R.(2d) 218; 1076 A.P.R. 218; 2014 NBCA 1, refd to. [para. 10].

R. v. Gahan (T.J.) (2014), 418 N.B.R.(2d) 104; 1087 A.P.R. 104; 2014 NBCA 18, refd to. [para. 10].

R. v. Gillis (R.J.) (2014), 426 N.B.R.(2d) 1; 1110 A.P.R. 1; 2014 NBCA 58, leave to appeal denied [2014] S.C.C.A. No. 496, refd to. [para. 12].

R. v. Downey (D.R.) (2015), 435 N.B.R.(2d) 315; 1134 A.P.R. 315; 2015 NBCA 25, refd to. [para. 12].

Counsel:

Avocats:

Timothy Carr, appeared in person;

Kathryn A. Gregory, for the respondent.

This appeal was heard on April 22, 2015, before Quigg, Green and Baird, JJ.A., of the New Brunswick Court of Appeal.

On July 23, 2015, the judgment of the Court of Appeal was delivered in both official languages by Baird, J.A.