R. v. Sharp (T.P.), 2004 YKCA 6

• Judge: Southin, Ryan and Mackenzie, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: March 05, 2004
• Jurisdiction: Yukon
• Citations: 2004 YKCA 6;(2004), 197 B.C.A.C. 145 (YukCA)

R. v. Sharp (T.P.) (2004), 197 B.C.A.C. 145 (YukCA);

    323 W.A.C. 145

MLB headnote and full text

Temp. Cite: [2004] B.C.A.C. TBEd. AP.034

Regina (respondent) v. Thomas Paul Sharp (appellant)

(YU503; 2004 YKCA 6)

Indexed As: R. v. Sharp (T.P.)

Yukon Court of Appeal

Southin, Ryan and Mackenzie, JJ.A.

April 7, 2004.

Summary:

The accused appealed his convictions on one count of forcible seizure and one count of breach of recognizance.

The Yukon Court of Appeal dismissed the appeal.

Criminal Law - Topic 127

General principles - Rights of accused - Right to be present at trial - At the open­ing of trial, the accused was disruptive and violent, ignoring the judge's directions to be seated - The trial judge removed him pursuant to the Criminal Code, s. 650 - He refused to promise to alter his conduct, discharged his lawyer and indicated he did not wish to be present in the courtroom - The trial proceeded - When brought back for identification purposes, the accused again disrupted proceedings, was restrained and removed for safety purposes - He received audiotapes and written transcripts of evidence heard in his absence and tes­tified and made submissions by video link, but was unable to cross-examine witnesses - The Yukon Court of Appeal held that the accused's rights were not infringed - See paragraphs 4 to 14, 36 to 39.

Criminal Law - Topic 131

General principles - Rights of accused - Right to just conduct of trial - [See Crimi­nal Law - Topic 127 ].

Criminal Law - Topic 137

General principles - Rights of accused - Right to cross-examine - [See Criminal Law - Topic 127 ].

Criminal Law - Topic 4487

Procedure - Trial - Attendance of accused - [See Criminal Law - Topic 127 ].

Cases Noticed:

R. v. Darlyn (1946), 88 C.C.C. 269 (B.C.C.A.), refd to. [para. 10].

Counsel:

G.R. Coffin, for the appellant;

E.J. Horembala, Q.C., and J.W. Phelps, for the respondent.

This appeal was heard before Southin, Ryan and Mackenzie, JJ.A., of the Yukon Court of Appeal, at Vancouver, British Columbia, on March 5, 2004. The decision of the court was delivered on April 7, 2004, by Ryan, J.A.