R. v. Stephan (W.J.), (2015) 465 Sask.R. 251 (CA)

JudgeJackson, J.A.
CourtCourt of Appeal (Saskatchewan)
Case DateAugust 25, 2015
JurisdictionSaskatchewan
Citations(2015), 465 Sask.R. 251 (CA);2015 SKCA 95

R. v. Stephan (W.J.) (2015), 465 Sask.R. 251 (CA);

    649 W.A.C. 251

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. SE.028

Wilfred Joseph Stephan (applicant/appellant) v. Her Majesty the Queen (respondent/respondent)

(CACR2635; 2015 SKCA 95)

Indexed As: R. v. Stephan (W.J.)

Saskatchewan Court of Appeal

Jackson, J.A.

September 1, 2015.

Summary:

The accused appealed his conviction for breaking and entering a dwelling house and committing therein the indictable offence of robbery. He applied under s. 684 of the Criminal Code for an order appointing legal counsel to represent him on the appeal.

The Saskatchewan Court of Appeal, per Jackson, J.A., dismissed the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - Stephan appealed his conviction for breaking and entering a dwelling house and committing therein the indictable offence of robbery - He applied for an order appointing legal counsel to represent him on the appeal (Criminal Code, s. 684) - The Saskatchewan Court of Appeal, per Jackson, J.A., dismissed the application - Although Stephan did not have sufficient means to obtain legal assistance, it was not desirable in the interests of justice that he should have that assistance - Stephan's grounds of appeal were very simple - He was alleging an unreasonable verdict, which would require the court to apply the applicable standard of review and reweigh the evidence to determine whether the trial judge properly arrived at a verdict of guilty - Stephan's linguistic skills allowed him to testify at trial and to present his argument on this application - Given the relative simplicity of the offence and the testimony given both in support of and against it, Stephan would be able to present his appeal effectively and the court could decide the appeal properly without the assistance of counsel.

Cases Noticed:

R. v. Leroux (P.M.) (2014), 438 Sask.R. 162; 608 W.A.C. 162; 2014 SKCA 60, refd to. [para. 5].

Counsel:

Wilfred Joseph Stephan, for himself;

Erin Bartsch, for the respondent;

Katherine Roy, for Court Services.

This application was heard in chambers on August 25, 2015, before Jackson, J.A., of the Saskatchewan Court of Appeal, who delivered the following written reasons on September 1, 2015.

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