R. v. Huxted, (1983) 45 A.R. 48 (NWTCA)

• Judge: Lieberman, Harradence and Kerans, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: July 07, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 45 A.R. 48 (NWTCA)

R. v. Huxted (1983), 45 A.R. 48 (NWTCA)

MLB headnote and full text

R. v. Huxted

(Appeal No. 425 (N.W.T.))

Indexed As: R. v. Huxted

Northwest Territories Court of Appeal

Lieberman, Harradence and Kerans, JJ.A.

July 7, 1983.

Summary:

The accused was charged with a criminal offence. On the date set for trial the accused's counsel did not appear. The trial proceeded without defence counsel and the accused was convicted. The accused appealed.

The Northwest Territories Court of Appeal allowed the appeal and ordered a new trial.

Criminal Law - Topic 4485

Trial - Adjournment, when available - The Northwest Territories Court of Appeal held that an accused was entitled to an adjournment where the accused's counsel failed to appear at trial due to no fault of the accused (see paragraph 7).

Civil Rights - Topic 4656

Right to counsel - Entitlement, in criminal cases - The Northwest Territories Court of Appeal held that an accused was denied his constitutional right to counsel where a trial judge gave the accused, in a case of some complexity, a few hours to select and instruct counsel (see paragraph 12).

Cases Noticed:

R. v. Harrison and Alonse (1982), 38 A.R. 304 (Alta. C.A.), dist. [para. 7].

Manhas v. R. (1980), 32 N.R. 8, 17 C.R.(3d) 331 (S.C.C.), dist. [para. 7].

R. v. Barrette, 10 N.R. 321, [1977] 2 S.C.R. 121, refd to. [para. 7].

Counsel:

D.L. Beach, for the respondent, Crown;

Larry L. Ross, for the appellant/accused.

This appeal was heard by LIEBERMAN, HARRADENCE and KERANS, JJ.A., of the Northwest Territories Court of Appeal. The judgment of the Court of Appeal was delivered on July 7, 1983.