R. v. Reed (R.R.), (1998) 102 B.C.A.C. 157 (CA)

• Judge: Prowse, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 08, 1998
• Jurisdiction: British Columbia
• Citations: (1998), 102 B.C.A.C. 157 (CA)

R. v. Reed (R.R.) (1998), 102 B.C.A.C. 157 (CA);

    166 W.A.C. 157

MLB headnote and full text

Temp. Cite: [1998] B.C.A.C. TBEd. MR.003

Regina (appellant) v. Ryan Robert Reed (respondent)

(CA023935)

Indexed As: R. v. Reed (R.R.)

British Columbia Court of Appeal

Prowse, J.A.

January 16, 1998.

Summary:

The British Columbia Supreme Court acquitted the accused of three counts of dangerous driving causing death. The Crown appealed.

The British Columbia Court of Appeal, in a decision reported in 86 B.C.A.C. 111; 142 W.A.C. 111, allowed the appeal and entered convictions on all three counts. Sentencing was referred back to the trial judge. The accused appealed from conviction to the Supreme Court of Canada. The accused was then sentenced to an 18 month conditional sentence to be served in the community. The Crown appealed the sentence. The accused applied to have the Crown's sentence appeal adjourned pending the outcome of his con­viction appeal.

The British Columbia Court of Appeal, per Prowse, J.A., dismissed the accused's appli­cation.

Editor's Note: For a related decision re­specting the accused's application to stay a driving prohibition pending his conviction appeal, see 100 B.C.A.C. 161; 163 W.A.C. 161.

Criminal Law - Topic 6219

Sentencing - Appeals - Variation of sen­tence - Adjournments - The accused was convicted on appeal of three counts of dangerous driving causing death - Before the accused's conviction appeal was to be heard in the Supreme Court of Canada, the accused was sentenced - The Crown's sentence appeal was to be heard before the conviction appeal - The Crown undertook not to oppose a bail application by the accused should the sentence appeal be allowed - The British Columbia Court of Appeal, per Prowse, J.A., found no sig­nificant prejudice to the accused if the Crown sentence appeal proceeded - Nor would there be an undue waste of the court's time and resources should the con­viction appeal be successful - Prowse, J.A., declined to adjourn the sentence appeal until after the conviction appeal.

Cases Noticed:

R. v. Osolin (S.W.) (1992), 7 B.C.A.C. 203; 15 W.A.C. 203 (C.A.), refd to. [para. 6].

R. v. Skalbania (N.M.) (1997), 87 B.C.A.C. 8; 143 W.A.C. 8 (C.A.), refd to. [para. 8].

R. v. Lucas (D.C.) (1994), 48 B.C.A.C. 315; 78 W.A.C. 315 (Yuk. C.A.), refd to. [para. 10].

Counsel:

A. Budlovsky, for the appellant;

B.E. Mickelson, for the respon­dent/ap­plicant.

This application was heard in Chambers, at Vancouver, British Columbia, on January 8, 1998, before Prowse, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on January 16, 1998.