R. v. Conway (W.S.), (2016) 375 Nfld. & P.E.I.R. 121 (NLPC)

JudgePorter, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateJanuary 07, 2015
JurisdictionNewfoundland and Labrador
Citations(2016), 375 Nfld. & P.E.I.R. 121 (NLPC)

R. v. Conway (W.S.) (2016), 375 Nfld. & P.E.I.R. 121 (NLPC);

    1167 A.P.R. 121

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. JA.011

Her Majesty the Queen v. William Conway also known as William Reid

(Docket: 0815A00232)

Indexed As: R. v. Conway (W.S.)

Newfoundland and Labrador Provincial Court

Porter, P.C.J.

January 11, 2016.

Summary:

The accused was charged with 12 offences. He pleaded not guilty to all counts. On the morning set for his trial, he requested an adjournment to obtain different counsel than provided by Legal Aid.

The Newfoundland and Labrador Provincial Court denied the request to delay the trial and convicted the accused of all 12 charges.

Courts - Topic 583

Judges - Duties - Re reasons for decisions - [See Criminal Law - Topic 4300 ].

Criminal Law - Topic 1413

Offences against person and reputation - Assaults - Simple assault - What constitutes - [See Criminal Law - Topic 4300 ].

Criminal Law - Topic 4300

Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses (incl. accused) -The accused was charged with 12 offences - He pleaded not guilty to all counts - The Newfoundland and Labrador Provincial Court discussed credibility and the law - The court stated that judges were required to give reasons for their decisions and this included giving reasons for their decisions about credibility - The court convicted the accused of all 12 charges - When he testified, the accused admitted having committed nine of the 12 charges - It was clear from all of the evidence that the accused had in fact committed the disputed assault where there was deliberate and non-consensual application of force by the accused against the complainant; therefore he was also guilty of the concomitant charges of breach of probation and breach of undertaking.

Criminal Law - Topic 4377

Procedure - Charge or directions - Jury or judge alone - Directions regarding credibility of witnesses - [See Criminal Law - Topic 4300 ].

Criminal Law - Topic 4379

Procedure - Charge or directions - Jury or judge alone - Directions re evidence of character or credibility of accused - [See Criminal Law - Topic 4300 ].

Criminal Law - Topic 4485

Procedure - Trial - Adjournments - The accused was charged with 12 offences - He pleaded not guilty to all counts - On the morning set for trial, he requested an adjournment to obtain different counsel than provided by Legal Aid - No reason was given - No application had been filed under rule 13 of the Rules of the Provincial Court of Newfoundland and Labrador in Criminal Proceedings and no notice had been provided - As a result, the lobby was full of witnesses who had been compelled to attend court to give evidence - The Newfoundland and Labrador Provincial Court stated that "The test for whether a request for an adjournment requires a consideration of whether there was any attempt to obstruct the course of justice or to frustrate the judicial process by delay; nor is there any indication that there was any improper or questionable motivation behind the request, nor the possibility of prejudice to the innocent or benefit to the guilty. Given the lack of foundation for the request, and the lack of notice, the request to change solicitor on the morning of the day set for trial was denied." - See paragraphs 3 to 8.

Cases Noticed:

R. v. Pitcher (R.J.) (2008), 286 Nfld. & P.E.I.R. 1; 883 A.P.R. 1; 2008 NLTD 34, refd to. [para. 3].

R. v. Hanlon and McKeil (1987), 64 Nfld. & P.E.I.R. 245; 197 A.P.R. 245 (Nfld. C.A.), refd to. [para. 7].

R. v. Conway (W.S.) (2015), 375 Nfld. & P.E.I.R. 117; 1167 A.P.R. 117; 2015 CanLII 78996 (N.L. Prov. Ct.), refd to. [para. 39].

R. v. R.E.M. (2008), 380 N.R. 47; 260 B.C.A.C. 40; 439 W.A.C. 40; 2008 SCC 51, refd to. [para. 51].

R. v. G.R.P. (2009), 287 Nfld. & P.E.I.R. 56; 885 A.P.R. 56; 2009 NLCA 37, refd to. [para. 51].

R. v. Lifchus (W.), [1997] 3 S.C.R. 320; 216 N.R. 215; 118 Man.R.(2d) 218; 149 W.A.C. 218; 9 C.R.(5th) 1; 118 C.C.C.(3d) 1, refd to. [para. 53].

R. v. Starr (R.D.), [2000] 2 S.C.R. 144; 258 N.R. 250; 148 Man.R.(2d) 161; 224 W.A.C. 161; 2000 SCC 40, refd to. [para. 53].

R. v. C.L.Y., [2008] 1 S.C.R. 5; 370 N.R. 284; 225 Man.R.(2d) 146; 419 W.A.C. 146; 227 C.C.C.(3d) 129; 2008 SCC 2, refd to. [para. 54].

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397, refd to. [para. 55].

R. v. Kennedy (A.J.), [2014] Nfld. & P.E.I.R. Uned. 30 (N.L. Prov. Ct.), refd to. [para. 62].

R. v. D.R. (1999), 178 Nfld. & P.E.I.R. 200; 544 A.P.R. 200; 138 C.C.C.(3d) 405 (Nfld. C.A.), refd to. [para. 67].

Counsel:

A. Manning, for the Crown;

M. Evans, Q.C., for the accused.

This case was heard on January 7, 2015, by Porter, P.C.J., of the Newfoundland and Labrador Provincial Court, Judicial District of Grand Bank, who delivered the following decision on January 11, 2016.

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