R. v. McKenna (R.B.), 2015 NSCA 36

• Judge: Bryson, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: April 09, 2015
• Jurisdiction: Nova Scotia
• Citations: 2015 NSCA 36;(2015), 358 N.S.R.(2d) 134 (CA)

R. v. McKenna (R.B.) (2015), 358 N.S.R.(2d) 134 (CA);

    1131 A.P.R. 134

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. AP.033

Randall Bruce McKenna (appellant) v. Her Majesty the Queen (respondent)

(CAC 433276; 2015 NSCA 36)

Indexed As: R. v. McKenna (R.B.)

Nova Scotia Court of Appeal

Bryson, J.A.

April 15, 2015.

Summary:

The accused pleaded guilty to possession of stolen property and breach of probation.

The Nova Scotia Provincial Court, in a decision reported at [2014] N.S.R.(2d) Uned. 263, sentenced the accused to a total of 18 months' imprisonment. The accused appealed the sentence. The accused moved for court appointed counsel.

The Nova Scotia Court of Appeal, per Bryson, J.A., dismissed the motion.

Civil Rights - Topic 4633

Right to counsel - Appointment of counsel by the court or the state - Where party impecunious - The accused appealed his sentence for possession of stolen property and breach of probation - The accused moved for court appointed counsel - The Crown conceded that the appeal was arguable and the accused lacked the means to retain counsel - The Crown focussed its argument on the interests of justice - The accused asserted that he was blind in one eye and had difficulty reading - He claimed to have some form of dyslexia - A letter from his family physician explained that the accused had been prescribed medication for "anxiety neurosis" and that he was "disabled due to borderline mental retardation and mild cerebral palsy" - The letter did not provide any detail of the diagnoses and did not elaborate on the potentially debilitating effects - The Nova Scotia Court of Appeal, per Bryson, J.A., dismissed the motion - Whatever the accused's personal circumstances might be, they did not interfere with his ability to express what he meant - He had made clear, logical and appropriate submissions to the court - During his sentencing, he addressed the court appropriately by augmenting his counsel's submissions - He had a "championship-level criminal record" and was familiar with the criminal justice system process - The issues on appeal were not complex - Additionally, the Crown and the court had an obligation to ensure that the accused received a fair hearing - The accused would receive a fair hearing without counsel.

Civil Rights - Topic 4633.1

Right to counsel - Appointment of counsel by the court or the state - Where party unable to represent self - [See Civil Rights - Topic 4633 ].

Cases Noticed:

R. v. Assoun (G.E.) (2002), 203 N.S.R.(2d) 316; 635 A.P.R. 316; 2002 NSCA 50, refd to. [para. 6].

R. v. Sykes (K.C.) (2014), 339 N.S.R.(2d) 191; 1073 A.P.R. 191; 2014 NSCA 4, refd to. [para. 7].

R. v. J.C.M. (2015), 356 N.S.R.(2d) 303; 1126 A.P.R. 303; 2015 NSCA 19, refd to. [para. 7].

R. v. Chinn (1977), 11 A.R. 18 (Dist. Ct.), refd to. [para. 11].

R. v. Grenkow (I.G.) (1994), 127 N.S.R.(2d) 355; 355 A.P.R. 355 (C.A.), refd to. [para. 16].

Boucher v. R., [1955] S.C.R. 16, refd to. [para. 17].

Counsel:

Randall Bruce McKenna, appellant in person;

Edward A. Gores, Q.C., for the Attorney General of Nova Scotia;

Marian Fortune-Stone, Q.C., for the respondent, watching brief only.

This motion was heard in Chambers, at Halifax, Nova Scotia, on April 9, 2015, by Bryson, J.A., of the Nova Scotia Court of Appeal, who delivered the following judgment on April 15, 2015.