R. v. Greville (B.), (2002) 158 O.A.C. 183 (CA)

• Judge: Weiler, Charron and Sharpe, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: March 26, 2002
• Jurisdiction: Ontario
• Citations: (2002), 158 O.A.C. 183 (CA)

R. v. Greville (B.) (2002), 158 O.A.C. 183 (CA)

MLB headnote and full text

Temp. Cite: [2002] O.A.C. TBEd. MY.013

Her Majesty the Queen (respondent) v. Belinda Greville (appellant)

(C35108)

Indexed As: R. v. Greville (B.)

Ontario Court of Appeal

Weiler, Charron and Sharpe, JJ.A.

May 7, 2002.

Summary:

The accused pleaded guilty to trafficking in cocaine and failing to appear in court. She was sentenced to a seven month conditional sentence. She was charged with breaching a condition of her conditional sentence. The trial judge convicted the accused and committed her to serve the remainder of her sentence in custody. The accused appealed.

The Ontario Court of Appeal dismissed the appeal.

Courts - Topic 2286

Jurisdiction - Bars - Academic matters or moot issues - The trial judge held that the accused breached her conditional sentence and ordered that she serve the remainder of her sentence in custody - The accused appealed the finding that she breached the conditional sentence - The Crown argued that the appeal was moot because the accused had served her sentence - The Ontario Court of Appeal held that the appeal was not moot because the breach would remain on the accused's record to her detriment should she reoffend - See paragraph 3.

Criminal Law - Topic 5720.6

Punishments (sentence) - Conditional sentence - Breach - The accused was arrested for breach of a conditional sentence on December 6, 1999 - She appeared in court on December 30, 1999, and was served with documents alleging the breach - The accused's counsel had not been formally retained and wished time to review the material - The judge stated that he would "take jurisdiction over the matter" and adjourned the case without any evidence being heard - On January 17, 2000, the Crown adduced the documentary evidence and the court heard viva voce evidence - The trial judge held that the accused breached the conditional sentence - The accused appealed, arguing that hearing was not commenced within 30 days of her arrest on December 6, 1999 as required by s. 742.6(3) of the Criminal Code - The Ontario Court of Appeal affirmed that the hearing was commenced on December 30, 1999, when the accused was brought before the hearing judge and he took jurisdiction over the case even if evidence was not heard at that time - See paragraphs 4 to 12.

Cases Noticed:

R. v. Chiasson (J.L.) (1995), 168 N.B.R.(2d) 182; 430 A.P.R. 182; 102 C.C.C.(3d) 564 (C.A.), refd to. [para. 3].

R. v. Lutz (O.L.) (1997), 99 B.C.A.C. 60; 162 W.A.C. 60 (C.A.), refd to. [para. 11].

R. v. Cruz (J.), [2001] O.T.C. 702 (Sup. Ct.), refd to. [para. 11].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 742.6(3) [para. 4].

Counsel:

Susanne Boucher, for the respondent;

Michael J. MacDonald, for the appellant.

This appeal was heard on March 26, 2002, by Weiler, Charron and Sharpe, JJ.A., of the Ontario Court of Appeal. On May 7, 2002, Weiler, J.A., delivered the following decision for the Court of Appeal.