R. v. White (N.), 2016 NSCA 20

• Judge: Bryson, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: March 10, 2016
• Jurisdiction: Nova Scotia
• Citations: 2016 NSCA 20;(2016), 372 N.S.R.(2d) 164 (CA)

R. v. White (N.) (2016), 372 N.S.R.(2d) 164 (CA);

    1172 A.P.R. 164

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. MR.033

Nicholas White (applicant/appellant) v. Her Majesty the Queen (respondent)

(CAC 437500; 2016 NSCA 20)

Indexed As: R. v. White (N.)

Nova Scotia Court of Appeal

Bryson, J.A.

March 23, 2016.

Summary:

The accused was charged with second degree murder. Following a 10 day preliminary inquiry, the accused was committed to stand trial. Shortly before the scheduled jury trial was to begin, the accused, with the agreement of the Crown and his lawyer, pleaded guilty to manslaughter. A joint recommendation of 12 years' imprisonment was accepted by the trial judge. Seventeen months after the time to appeal expired, the self-represented accused moved to extend the time to appeal.

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

Criminal Law - Topic 4909

Appeals - Indictable offences - Procedure - Notice of appeal or application for leave to appeal - Time for filing or serving (incl. extension of) - The accused was charged with second degree murder - Following a 10 day preliminary inquiry, the accused was committed to stand trial - Shortly before the scheduled jury trial was to begin, the accused, with the agreement of the Crown and his lawyer, pleaded guilty to manslaughter - A joint recommendation of 12 years' imprisonment was accepted by the trial judge - Seventeen months after the time to appeal expired, the self-represented accused moved to extend the time to appeal - The accused's grounds of appeal were that his guilty plea was invalid, he was ineffectively represented by his lawyer, and he was innocent - The Nova Scotia Court of Appeal, per Bryson, J.A., dismissed the motion - The accused failed to establish a bona fide intention to appeal within the appeal period - There was no satisfactory explanation for the 17 month delay - There were no arguable grounds of appeal raised - The guilty plea was voluntary and informed - The lawyer's advice to plead guilty to manslaughter and avoid a life sentence was reasonable - There was no basis for finding that a miscarriage of justice had occurred.

Cases Noticed:

R. v. R.E.M. (2011), 299 N.S.R.(2d) 258; 947 A.P.R. 258; 2011 NSCA 8, refd to. [para. 9].

Nova Scotia (Minister of Community Services) v. S.E.L. and L.M.L. (2002), 205 N.S.R.(2d) 104; 643 A.P.R. 104; 2002 NSCA 62, refd to. [para. 20].

R. v. Murphy (L.A.) (1995), 138 N.S.R.(2d) 231; 394 A.P.R. 231 (C.A.), refd to. [para. 24].

R. v. R.T. (1992), 58 O.A.C. 8 (C.A.), refd to. [para. 25].

R. v. Krzehlik (K.) (2015), 330 O.A.C. 102; 2015 ONCA 168, refd to. [para. 38].

R. v. Singh (N.) (2014), 361 B.C.A.C. 176; 619 W.A.C. 176; 2014 BCCA 373, refd to. [para. 38].

R. v. Riley (M.W.) (2011), 303 N.S.R.(2d) 321; 957 A.P.R. 321; 2011 NSCA 52, refd to. [para. 41].

R. v. Messervey (A.C.) (2010), 291 N.S.R.(2d) 359; 922 A.P.R. 359; 2010 NSCA 55, refd to. [para. 52].

R. v. Ross (B.R.) (2012), 317 N.S.R.(2d) 243; 1003 A.P.R. 243; 2012 NSCA 56, refd to. [para. 52].

R. v. Melanson (1983), 59 N.S.R.(2d) 54; 125 A.P.R. 54 (C.A.), refd to. [para. 61].

R. v. A.N. (2011), 300 N.S.R.(2d) 282; 950 A.P.R. 282; 2011 NSCA 21, refd to. [para. 71].

Counsel:

Nicholas White, in person;

Timothy O'Leary, for the respondent.

This motion was heard on March 10, 2016, at Halifax, N.S., in Chambers before Bryson, J.A., of the Nova Scotia Court of Appeal, who delivered the following judgment on March 23, 2016.