R. v. Dunkers (A.M.), (2015) 372 B.C.A.C. 317 (CA)

• Judge: Bennett, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 20, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 372 B.C.A.C. 317 (CA);2015 BCCA 241

R. v. Dunkers (A.M.) (2015), 372 B.C.A.C. 317 (CA);

    640 W.A.C. 317

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. JN.020

Regina (respondent) v. Anita Marianne Dunkers (appellant)

(CA042300; 2015 BCCA 241)

Indexed As: R. v. Dunkers (A.M.)

British Columbia Court of Appeal

Bennett, J.A.

February 20, 2015.

Summary:

The accused was convicted of committing fraud in excess of $5,000 (see [2014] B.C.T.C. 1315). Midway through the trial, she had unsuccessfully sought a stay of proceedings due to the failure to disclose documents, despite the fact that several times during earlier appearances counsel indicated that disclosure had been complete (see [2014] B.C.T.C. 1314). She appealed her conviction out of time as she had been waiting for a funding decision from the Legal Services Society. She was refused assistance. She applied for the appointment of counsel pursuant to s. 684(1) of the Criminal Code.

The British Columbia Court of Appeal, per Bennett, J.A., granted the accused an extension of time to file her notice of appeal. The court dismissed her application for the appointment of counsel where her appeal had no merit.

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - See paragraphs 1 to 17.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - See paragraph 5.

Cases Noticed:

R. v. Baig (1990), 58 C.C.C.(3d) 156 (B.C.C.A.), refd to. [para. 7].

R. v. Bernardo (P.K.) (1997), 105 O.A.C. 244; 121 C.C.C.(3d) 123 (C.A.), refd to. [para. 7].

R. v. Dreger (C.D.) (2014), 351 B.C.A.C. 179; 599 W.A.C. 179; 307 C.C.C.(3d) 566; 2014 BCCA 54, refd to. [para. 13].

Counsel:

Appellant appeared in person (via videoconference);

D.M. Layton, for the respondent.

These applications were heard in chambers at Vancouver, B.C., by Bennett, J.A., of the British Columbia Court of Appeal, on February 20, 2015, who delivered the following oral reasons for decision on the same date.