R. v. Kanagarajah, (1980) 4 Sask.R. 149 (CA)

JudgeCulliton, C.J.S., Hall and Bayda, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateJuly 25, 1980
JurisdictionSaskatchewan
Citations(1980), 4 Sask.R. 149 (CA)

R. v. Kanagarajah (1980), 4 Sask.R. 149 (CA)

MLB headnote and full text

R. v. Kanagarajah

(No. 8612)

Indexed As: R. v. Kanagarajah

Saskatchewan Court of Appeal

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

July 25, 1980.

Summary:

This case arose out of a charge of rape. The accused was convicted and sentenced to imprisonment for three years. The accused appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal but reduced the sentence of imprisonment to three years.

Civil Rights - Topic 4604

Right to counsel - What constitutes a denial of the right to counsel - The Saskatchewan Court of Appeal held that a trial judge properly refused an accused an adjournment to obtain counsel where the accused knowingly misled the authorities and deliberately refused to engage counsel - See paragraph 27.

Criminal Law - Topic 5852

Sentence - Rape - Adult male with criminal record for similar offences - The Saskatchewan Court of Appeal imposed a sentence of imprisonment of three years.

Cases Noticed:

R. v. Manhas (1980), 32 N.R. 8, refd to. [para. 9].

Barrette v. The Queen, 29 C.C.C. 189, refd to. [para. 9].

R. v. Baldhead, [1966] 55 W.W.R. 757, refd to. [para. 28].

Counsel:

Appellant in person;

D. Murray Brown, for the Crown respondent.

This appeal was heard by CULLITON, C.J.S., HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by CULLITON, C.J.S, at Regina, Saskatchewan, on July 25, 1980.

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6 practice notes
  • R. v. Sidor, (1982) 39 A.R. 541 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 1, 1982
    ...[para. 14]. R. v. Chappell (1979), 25 Nfld. & P.E.I.R. 213; 68 A.P.R. 213 (P.E.I.S.C.), ref'd to. [para. 14]. R. v. Kanagarajah (1980), 4 Sask.R. 149 (Sask. C.A.), ref'd to. [para. R. v. Manhas (1978), 32 N.R. 9 (B.C.C.A.), aff'd 32 N.R. 8 (S.C.C.), ref'd to. [para. 14]. R. v. Ciglen (1......
  • R. v. Thompson (J.A.C.), (2008) 322 Sask.R. 64 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • April 11, 2008
    ...A Court of Appeal will not simply substitute its discretion for that of a Chambers or trial judge. (See also R. v. Kanagarajah (1980), 4 Sask.R. 149 (Sask. C.A.), at paras. 4, 10 and 27.)" [10] Throughout this protracted proceeding, the appellant was always represented by the same law firm,......
  • R. v. Leask (C.R.), 2005 SKQB 315
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • July 13, 2005
    ...and Public Safety) and Souris Basin Development Authority (1988), 68 Sask.R. 52 (Q.B.), refd to. [para. 12]. R. v. Kanagarajah (1980), 4 Sask.R. 149 (C.A.), refd to. [para. Paul Goldstein, for the Crown; No one appeared for the accused. This appeal was heard by Zarzeczny, J., of the Saskatc......
  • R. v. Kay (R.C.), 2006 SKQB 79
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • February 20, 2006
    ...A Court of Appeal will not simply substitute its discretion for that of a Chambers or trial judge. (See also R. v. Kanagarajah (1980), 4 Sask.R. 149 (Sask. C.A.) at paras. 4, 10 and 27.)" [15] Baynton, J., has also has provided a helpful summary of the law in R. v. Kishayinew (D.) (2003), 2......
  • Request a trial to view additional results
6 cases
  • R. v. Sidor, (1982) 39 A.R. 541 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • January 1, 1982
    ...[para. 14]. R. v. Chappell (1979), 25 Nfld. & P.E.I.R. 213; 68 A.P.R. 213 (P.E.I.S.C.), ref'd to. [para. 14]. R. v. Kanagarajah (1980), 4 Sask.R. 149 (Sask. C.A.), ref'd to. [para. R. v. Manhas (1978), 32 N.R. 9 (B.C.C.A.), aff'd 32 N.R. 8 (S.C.C.), ref'd to. [para. 14]. R. v. Ciglen (1......
  • R. v. Thompson (J.A.C.), (2008) 322 Sask.R. 64 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • April 11, 2008
    ...A Court of Appeal will not simply substitute its discretion for that of a Chambers or trial judge. (See also R. v. Kanagarajah (1980), 4 Sask.R. 149 (Sask. C.A.), at paras. 4, 10 and 27.)" [10] Throughout this protracted proceeding, the appellant was always represented by the same law firm,......
  • R. v. Leask (C.R.), 2005 SKQB 315
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • July 13, 2005
    ...and Public Safety) and Souris Basin Development Authority (1988), 68 Sask.R. 52 (Q.B.), refd to. [para. 12]. R. v. Kanagarajah (1980), 4 Sask.R. 149 (C.A.), refd to. [para. Paul Goldstein, for the Crown; No one appeared for the accused. This appeal was heard by Zarzeczny, J., of the Saskatc......
  • R. v. Kay (R.C.), 2006 SKQB 79
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • February 20, 2006
    ...A Court of Appeal will not simply substitute its discretion for that of a Chambers or trial judge. (See also R. v. Kanagarajah (1980), 4 Sask.R. 149 (Sask. C.A.) at paras. 4, 10 and 27.)" [15] Baynton, J., has also has provided a helpful summary of the law in R. v. Kishayinew (D.) (2003), 2......
  • Request a trial to view additional results

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