R. v. Kanagarajah, (1979) 3 Sask.R. 214 (CA)

• Judge: Culliton, C.J.S., Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 04, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 3 Sask.R. 214 (CA)

R. v. Kanagarajah (1979), 3 Sask.R. 214 (CA)

MLB headnote and full text

R. v. Kanagarajah

(No. 8081)

Indexed As: R. v. Kanagarajah

Saskatchewan Court of Appeal

Culliton, C.J.S., Hall and Bayda, JJ.A.

April 9, 1979.

Summary:

This case arose out of a charge of rape. The trial judge, sitting without a jury, convicted the accused. The accused appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal and affirmed the conviction of the accused.

Civil Rights - Topic 4664

Right to counsel - Denial of, effect on proceedings - The accused was denied an adjournment for the purpose of obtaining counsel - The Saskatchewan Court of Appeal stated that such a denial (even if justified) must not prejudice the accused's right to make a full answer and defence - See paragraph 10.

Criminal Law - Topic 4485

Procedure - Trial - Adjournments, entitlement to - The accused was charged with rape - After two prior adjournments the trial judge refused a request by the accused for an adjournment for the purpose of obtaining counsel - The Saskatchewan Court of Appeal held that in the circumstances the request for an adjournment was properly refused.

Counsel:

W. Roy Wellman, for the appellant;

D. Murray Brown, for the Crown.

This appeal was heard by CULLITON, C.J.S., HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal on April 4, 1979. The judgment of the Court of Appeal was delivered by CULLITON, C.J.S., on April 9, 1979: