R. v. Dunkers (A.M.), (2016) 384 B.C.A.C. 313 (CA)

JudgeKirkpatrick, J.A.
CourtCourt of Appeal (British Columbia)
Case DateApril 06, 2016
JurisdictionBritish Columbia
Citations(2016), 384 B.C.A.C. 313 (CA);2016 BCCA 174

R. v. Dunkers (A.M.) (2016), 384 B.C.A.C. 313 (CA);

    663 W.A.C. 313

MLB headnote and full text

Temp. Cite: [2016] B.C.A.C. TBEd. AP.052

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

(CA42300; 2016 BCCA 174)

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

British Columbia Court of Appeal

Kirkpatrick, J.A.

April 21, 2016.

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. See (2015), 372 B.C.A.C. 317; 640 W.A.C. 317. Subsequently, Bennett, J.A., ordered that counsel be appointed on a limited basis for the sole purpose of preparing and arguing a full s. 684 application.

The British Columbia Court of Appeal, per Kirkpatrick, J.A., dismissed the application for the appointment of counsel where the accused's 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 33.

Counsel:

L.J. Helps, for the appellant;

D.M. Layton, for the respondent.

This application was heard in Chambers at Vancouver, B.C., on April 6, 2016, by Kirkpatrick, J.A., of the British Columbia Court of Appeal, who delivered the following reasons for judgment on April 21, 2016.

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1 practice notes
  • R. v. Elphicke, 2018 BCSC 2405
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 18, 2018
    ...R. v. Shah, 2017 ONCA 872; R. v. Slobbe, 2011 BCCA 107; R. v. Copeman, 2017 BCSC 1360, R. v. Dreger, 2014 BCCA 54; R. v. Dunkers, 2016 BCCA 174; R. v. Maddalena, 2015 BCSC 2474; R. v. Bethke, 2013 SKCA 135; R. v. Bodnarchuk, 2008 BCCA 39; R. v. Widdifield, 2018 BCCA 62; and R. v. Angelis, 2......
1 cases
  • R. v. Elphicke, 2018 BCSC 2405
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 18, 2018
    ...R. v. Shah, 2017 ONCA 872; R. v. Slobbe, 2011 BCCA 107; R. v. Copeman, 2017 BCSC 1360, R. v. Dreger, 2014 BCCA 54; R. v. Dunkers, 2016 BCCA 174; R. v. Maddalena, 2015 BCSC 2474; R. v. Bethke, 2013 SKCA 135; R. v. Bodnarchuk, 2008 BCCA 39; R. v. Widdifield, 2018 BCCA 62; and R. v. Angelis, 2......

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