R. v. King (J.), (2015) 370 Nfld. & P.E.I.R. 176 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: August 31, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 370 Nfld. & P.E.I.R. 176 (NLPC);2015 NLPC 1315

R. v. King (J.) (2015), 370 Nfld. & P.E.I.R. 176 (NLPC);

    1153 A.P.R. 176

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. SE.001

Her Majesty the Queen v. Jason King

(2015 NLPC 1315PA00203)

Indexed As: R. v. King (J.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

September 1, 2015.

Summary:

The accused pleaded not guilty to a charge of assault and intended to represent himself. The Crown applied to have counsel appointed to cross-examine the complainant.

The Newfoundland and Labrador Provincial Court denied the application.

Criminal Law - Topic 137

General principles - Rights of accused - Right to cross-examine - The accused intended to represent himself on an assault charge - The Crown applied to have counsel appointed to cross-examine the complainant (Criminal Code, s. 486.3(3)) - The Newfoundland and Labrador Provincial Court denied the application - The evidence presented was insufficient to establish that the appointment was necessary for the complainant to provide a full and candid account or that it was otherwise in the interest of the proper administration of justice - The complainant (age 22) was a former common law partner of the accused - She had no mental or physical disabilities - There was no evidence that she was intimidated - The court noted that there was no evidence that the accused would be prejudiced by the appointment, rather he was likely to benefit - However, he had a right to represent himself.

Criminal Law - Topic 4301

Procedure - Trial judge - Duties and functions of - Respecting examination or cross- examination of witnesses - [See Criminal Law - Topic 137 ].

Criminal Law - Topic 5416

Evidence and witnesses - Witnesses - Cross-examination of Crown witnesses - [See Criminal Law - Topic 137 ].

Cases Noticed:

R. v. Swain, [1991] 1 S.C.R. 933; 125 N.R. 1; 47 O.A.C. 81, refd to. [para. 2].

R. v. Critchton (C.E.) (2015), 370 B.C.A.C. 83; 635 W.A.C. 83; 2015 BCCA 138, refd to. [para. 2].

R. v. Levogiannis, [1993] 4 S.C.R. 475; 160 N.R. 371; 67 O.A.C. 321, refd to. [para. 2].

R. v. D.C.J. (2011), 303 N.S.R.(2d) 223; 957 A.P.R. 223; 2011 NSPC 3, refd to. [para. 12].

R. v. Boalag (S.) (2015), 370 Nfld. & P.E.I.R. 48; 1153 A.P.R. 48 (N.L. Prov. Ct.), refd to. [para. 12].

R. v. Avadluk (N.), [2013] Northwest Terr. Cases Uned. 63; 2013 NWTSC 63, refd to. [para. 13].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 486.3(3) [para. 7].

Counsel:

B. Duffy counsel for Her Majesty the Queen.

Jason King on his own behalf.

This application was heard on August 31, 2015, in Corner Brook, NL, before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on September 1, 2015.