R. v. Clarke (R.J.), 2015 SKCA 18

• Judge: Whitmore, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: February 25, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKCA 18;(2015), 451 Sask.R. 300 (CA)

R. v. Clarke (R.J.) (2015), 451 Sask.R. 300 (CA);

    628 W.A.C. 300

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. MR.004

Randy Joseph Clarke (proposed appellant) v. Her Majesty the Queen (respondent)

(CACR2557; 2015 SKCA 18)

Indexed As: R. v. Clarke (R.J.)

Saskatchewan Court of Appeal

Whitmore, J.A.

February 27, 2015.

Summary:

The accused was convicted of sexual assault (count 1) and invitation to sexual touching (count 2). He was sentenced to three years' imprisonment on count 1 and six months concurrent on count 2. He appealed the conviction and sentence. The accused applied for the appointment of counsel under s. 684(1) of the Criminal Code.

The Saskatchewan Court of Appeal, per Whitmore, J.A., allowed the application.

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - The accused was convicted of sexual assault (count 1) and invitation to sexual touching (count 2) - He was sentenced to three years' imprisonment on count 1 and six months concurrent on count 2 - He appealed the conviction and sentence - The accused applied for the appointment of counsel under s. 684(1) of the Criminal Code - The Saskatchewan Court of Appeal, per Whitmore, J.A., allowed the application - The accused was impecunious - It was "desirable and in the interests of justice" that counsel be appointed where (1) the appeal was arguable (he mistook the complainant's age); (2) the appeal could not be presented effectively without counsel (the accused was well-spoken, but not trained in law and did not understand the Code); and (3) the court would not be able to decide the appeal properly, without counsel, because the defence was complex.

Cases Noticed:

R. v. Leroux (P.M.) (2014), 438 Sask.R. 162; 608 W.A.C. 162; 2014 SKCA 60, refd to. [para. 6].

R. v. Ermine (R.H.) (2010), 359 Sask.R. 48; 494 W.A.C. 48; 2010 SKCA 73, refd to. [para. 9].

Counsel:

Randy Joseph Clarke, proposed appellant, for himself;

Erin Schroh, for the respondent;

Lorna Hargreaves, for the Court Services Division of the Ministry of Justice.

This application was heard in Chambers, on February 25, 2015, by Whitmore, J.A., of the Saskatchewan Court of Appeal, who delivered the following decision on February 27, 2015.