R. v. H.M.L., (1983) 48 A.R. 207 (NWTSC)

• Judge: Marshall, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: September 12, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 48 A.R. 207 (NWTSC)

R. v. H.M.L. (1983), 48 A.R. 207 (NWTSC)

MLB headnote and full text

R. v. H.M.L.

(SC 2887)

Indexed As: R. v. H.M.L.

Northwest Territories Supreme Court

Marshall, J.

September 15, 1983.

Summary:

A 17 year old boy was fined $25 and placed on one year probation with terms after pleading guilty, without counsel, to an offence under s. 67 of the Liquor Ordinance. After the time for appeal expired, the accused applied under Rule 13 of the Summary Conviction Appeal Rules to extend the time for filing notice of appeal. The Northwest Territories Supreme Court allowed the application.

Trials - Topic 1189

Summary convictions - Appeals - Notice of appeal - Extension of time for - A 17 year old boy was fined $25 and placed on one year probation after pleading guilty, without counsel, to an offence under the Liquor Ordinance - After the time for appeal expired, the accused applied under Rule 13 of the Summary Conviction Appeal Rules to extend the time to file notice of appeal - The Northwest Territories Supreme Court allowed the application, because the accused had a good ground of appeal, where the consequences of conviction were out of proportion to the penalty prescribed and the probation provisions were possibly unlawful.

Cases Noticed:

R. v. Scheller et al. (No. 2), 32 C.C.C.(2d) 286, not folld. [para. 10].

R. v. Hetsberger, 47 C.C.C. 154, folld. [para. 11].

Counsel:

C. Walker, for the appellant;

M. Zigayer, for the respondent.

This case was heard on September 12, 1983, at Yellowknife, Northwest Territories, before Marshall, J., of the Northwest Territories Supreme Court, who delivered the following judgment on September 15, 1983: