R. v. Mooswa (J.C.J.), (2015) 451 Sask.R. 231 (CA)

• Judge: Whitmore, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 14, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 451 Sask.R. 231 (CA);2015 SKCA 3

R. v. Mooswa (J.C.J.) (2015), 451 Sask.R. 231 (CA);

    628 W.A.C. 231

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.012

Jayvin Charles Jerry Mooswa (appellant) v. Her Majesty the Queen (respondent)

(CACR2454; 2015 SKCA 3)

Indexed As: R. v. Mooswa (J.C.J.)

Saskatchewan Court of Appeal

Whitmore, J.A.

January 15, 2015.

Summary:

Mooswa was convicted of a number of offences that occurred on January 14, 2012. He was sentenced to five years' imprisonment for armed robbery with four years consecutive for unlawful confinement. On appeal from the sentence, Mooswa asserted that the sentencing judge had erred in not treating the armed robbery and forcible confinement as a single act, meriting concurrent sentences. He was denied Legal Aid. Mooswa applied for court-appointed counsel under s. 684(1) of the Criminal Code.

The Saskatchewan Court of Appeal, per Whitmore, J.A., allowed the application.

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - Mooswa was convicted of a number of offences that occurred on January 14, 2012 - He was sentenced to five years' imprisonment for armed robbery with four years consecutive for unlawful confinement - On appeal from the sentence, Mooswa asserted that the sentencing judge had erred in not treating the armed robbery and forcible confinement as a single act, meriting concurrent sentences - He was denied Legal Aid - Mooswa applied for court-appointed counsel under s. 684(1) of the Criminal Code - The Saskatchewan Court of Appeal, per Whitmore, J.A., allowed the application - Mooswa had an arguable case - This was not a high threshold - As the convictions and the sentence imposed were relatively serious, whether the appeal was arguable was not the sole determining factor - Mooswa had a minimal level of education - He would be unable to argue his appeal effectively without the aid of legal counsel - The court would be aided by Mooswa being assisted by legal counsel.

Cases Noticed:

R. v. Ermine (R.H.) (2010), 359 Sask.R. 48; 494 W.A.C. 48; 2010 SKCA 73, refd to. [para. 7].

R. v. Yukon (F.) (2011), 375 Sask.R. 85; 525 W.A.C. 85; 2011 SKCA 77, refd to. [para. 7].

R. v. Leroux (P.M.) (2014), 438 Sask.R. 162; 608 W.A.C. 162; 2014 SKCA 60, refd to. [para. 9].

R. v. C.H., 2014 ONSC 6577, refd to. [para. 10].

R. v. Smith (D.W.) (2008), 307 Sask.R. 45; 417 W.A.C. 45; 2008 SKCA 20, refd to. [para. 13].

R. v. McDonnell (T.E.), [1997] 1 S.C.R. 948; 210 N.R. 241; 196 A.R. 321; 141 W.A.C. 321, refd to. [para. 14].

R. v. Agecoutay (L.H.) (2009), 337 Sask.R. 223; 464 W.A.C. 223; 2009 SKCA 100, refd to. [para. 16].

R. v. Gummer (1983), 1 O.A.C. 141 (C.A.), refd to. [para. 18].

R. v. Gillis (R.P.) (2009), 248 O.A.C. 1; 2009 ONCA 312, refd to. [para. 18].

R. v. Rocheleau (M.) (2013), 311 O.A.C. 295; 2013 ONCA 679, refd to. [para. 19].

Counsel:

Jayvin Mooswa, for himself;

Erin Schroh, for the respondent;

Lorna Hargreaves, for Court Services.

This application was heard in Chambers on January 14, 2015, by Whitmore, J.A., of the Saskatchewan Court of Appeal, who delivered the following reasons for judgment on January 15, 2015.