R. v. F.H., (2016) 376 N.S.R.(2d) 349 (CA)

• Judge: Fichaud, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: September 27, 2016
• Jurisdiction: Nova Scotia
• Citations: (2016), 376 N.S.R.(2d) 349 (CA);2016 NSCA 70

R. v. F.H. (2016), 376 N.S.R.(2d) 349 (CA);

    1185 A.P.R. 349

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. SE.033

F.H. (applicant) v. Her Majesty the Queen (respondent)

(CAC 450452; 2016 NSCA 70)

Indexed As: R. v. F.H.

Nova Scotia Court of Appeal

Fichaud, J.A.

September 27, 2016.

Summary:

A jury convicted the 67 year old accused of buggery, incest, sexual assault, indecent assault, gross indecency and sexual intercourse with a female under age 14. The offences related to the sexual abuse of his daughter in the mid 1970's until the early or mid 1980's starting when she was about four years of age. The abuse progressed from fondling to oral sex and digital penetration of her vagina and then to forced vaginal and anal intercourse.

The Nova Scotia Supreme Court, in a judgment reported (2015), 356 N.S.R.(2d) 60; 1126 A.P.R. 60, sentenced the accused to a global sentence of nine years' imprisonment. Under s. 678(1) of the Criminal Code, the accused had 25 days to file and deliver a notice of appeal from his convictions and sentence (i.e., by March 12, 2015). Thirteen months later, the accused moved to extend the time to file and deliver his notice of appeal.

The Nova Scotia Court of Appeal, per Fichaud, J.A., dismissed the motion. There was no reasonable explanation for the 13 month delay.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 4909

Appeals - Indictable offences - Procedure - Notice of appeal or application for leave to appeal - Time for filing or serving (incl. extension of) - The 67 year old accused was convicted of a number of sexual offences respecting the sexual abuse of his daughter in the 1970's and 1980's - He was sentenced to a total of nine years' imprisonment - Under s. 678(1) of the Criminal Code, the accused had 25 days to file and deliver a notice of appeal from his convictions and sentence (i.e., by March 12, 2015) - Thirteen months later, the accused moved to extend the time to file and deliver his notice of appeal - The Nova Scotia Court of Appeal, per Fichaud, J.A., dismissed the motion - At the commencement of his imprisonment, the accused was told how to start a prisoner appeal, how to obtain free legal advice, and was given the opportunity to do so - The accused had a university degree in theology, was fully literate, and had an acute intellect - The court disbelieved that the accused did not understand anything respecting his right to appeal until shortly before he filed the present motion - The lack of any reasonable explanation for the 13 month delay was fatal.

Counsel:

F.H., on his own behalf;

Marian Fortune-Stone, Q.C., for the respondent.

This motion was heard on September 22, 2016, at Halifax, N.S., in Chambers before Fichaud, J.A., of the Nova Scotia Court of Appeal.

On September 27, 2016, Fichaud, J.A., delivered the following judgment for the Court.