R. v. Hopkins (K.B.), (2015) 434 N.B.R.(2d) 180 (TD)

Judge:French, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:February 26, 2015
Jurisdiction:New Brunswick
Citations:(2015), 434 N.B.R.(2d) 180 (TD);2015 NBQB 61
 
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R. v. Hopkins (K.B.) (2015), 434 N.B.R.(2d) 180 (TD);

    434 R.N.-B.(2e) 180; 1132 A.P.R. 180

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Temp. Cite: [2015] N.B.R.(2d) TBEd. JN.011

Renvoi temp.: [2015] N.B.R.(2d) TBEd. JN.011

Her Majesty the Queen v. Kenneth Blair Hopkins

(SJCA-6-2014; 2015 NBQB 61; 2015 NBBR 61)

Indexed As: R. v. Hopkins (K.B.)

Répertorié: R. v. Hopkins (K.B.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

French, J.

March 5, 2015.

Summary:

Résumé:

Hopkins was convicted of uttering a threat to cause death or bodily harm. He appealed.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal.

Courts - Topic 589

Judges - Duties - To self-represented party - [See Criminal Law - Topic 4294 ].

Criminal Law - Topic 4294

Procedure - Trial judge - Duties and functions of - Where accused not represented (incl. representation by nonlawyer or agent) - Hopkins was convicted of uttering a threat to cause death or bodily harm - On appeal, he asserted that, because he was self-represented, the defence he offered was not presented clearly and was misinterpreted by the judge in reaching the verdict - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal - In recognition that Hopkins was self-represented, both the judge and Crown counsel extended Hopkins an extremely wide latitude throughout the trial in order to provide him with the opportunity to fully advance his position - This was evident both when he cross-examined the complainant and the police officer and when he testified and gave his own evidence - There was no misunderstanding of Hopkins' position - Hopkins had not demonstrated that the trial was unfair - See paragraphs 10 to 13.

Criminal Law - Topic 4300

Procedure - Trial judge - Duties and functions of - Respecting credibility of witnesses (incl. accused) - Hopkins was convicted of uttering a threat to cause death or bodily harm - On appeal, Hopkins asserted that the evidence considered by the judge was circumstantial and that "the imaginary connections that were established in the judge's decision were not accurate and have no evidence to support them" - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the appeal - The evidence was not circumstantial - The judge relied on the direct evidence of the complainant - The judge gave reasons for why he rejected Hopkins' evidence and accepted the complainant's evidence as to the threat - It was open to the judge to accept the complainant's direct evidence after he had assessed credibility - The judge's findings were reasonable and were supported by the evidence - See paragraphs 19 to 21.

Criminal Law - Topic 4352

Procedure - Charge or directions - Jury or judge alone - Direction on evidence generally - [See Criminal Law - Topic 4300 ].

Droit criminel - Cote 4294

Procédure - Devoirs et fonctions du juge du procès - Lorsque l'accusé n'est pas représenté - [Voir Criminal Law - Topic 4294 ].

Droit criminel - Cote 4300

Procédure - Juge de première instance - Devoirs et fonctions - Crédibilité des témoins (y compris l'accusé) - [Voir Criminal Law - Topic 4300 ].

Droit criminel - Cote 4352

Procédure - Exposé ou directives - Juge seul ou avec jury - Directives sur la preuve en général - [Voir Criminal Law - Topic 4352 ].

Tribunaux - Cote 589

Juges - Devoirs - Envers une partie qui comparaît en son nom - [Voir Courts - Topic 589 ].

Cases Noticed:

R. v. Fowler (M.O.) (2006), 304 N.B.R.(2d) 106; 788 A.P.R. 106; 2006 NBCA 90, refd to. [para. 9].

R. v. Rejzek (A.K.) (2009), 464 A.R. 388; 467 W.A.C. 388 (C.A.), refd to. [para. 11].

R. v. Rijal, [2010] O.J. No. 3440, refd to. [para. 11].

Counsel:

Avocats:

Christopher Titus, for the Crown;

Kenneth Hopkins, per se.

This appeal was heard on February 26, 2015, by French, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following oral decision on March 5, 2015.

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