R. v. Zeplin (G.), (1998) 165 Nfld. & P.E.I.R. 306 (NFCA)

• Judge: Mahoney, Steele and Green, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: July 15, 1998
• Jurisdiction: Newfoundland and Labrador
• Citations: (1998), 165 Nfld. & P.E.I.R. 306 (NFCA)

R. v. Zeplin (G.) (1998), 165 Nfld. & P.E.I.R. 306 (NFCA);

    509 A.P.R. 306

MLB headnote and full text

Temp. Cite: [1998] Nfld. & P.E.I.R. TBEd. AU.017

Gregory Zeplin (appellant) v. Her Majesty The Queen (respondent)

(No. 1998/18)

Indexed As: R. v. Zeplin (G.)

Newfoundland Supreme Court

Court of Appeal

Mahoney, Steele and Green, JJ.A.

July 17, 1998.

Summary:

The accused was convicted of unlawfully entering Canada without the written consent of the Minister while under a deportation order, contrary to s. 55 of the Immigration Act. A 12 month sentence was imposed. The accused appealed against the conviction and sentence.

The Newfoundland Court of Appeal dis­missed the conviction appeal. The court allowed the sentence appeal and reduced the sentence to eight months to give the accused credit for time spent on remand.

Aliens - Topic 15

Right to counsel - The accused was con­victed of unlawfully entering Canada with­out the written consent of the Minister while under a deportation order, contrary to s. 55 of the Immigration Act - The accused appealed his conviction, arguing that the trial judge erred in not adjourning the trial to give the accused an opportunity to engage legal counsel - The Newfound­land Court of Appeal rejected the ground of appeal - There was ample evidence to support the trial judge's finding that the accused had not made a reasonable effort to retain counsel after having dismissed his previous counsel - Further, while the trial judge made no explicit finding in this regard, the court held that an inference of an intent to delay the proceedings could and should be drawn - See paragraphs 4 to 17.

Aliens - Topic 5204

Offences - Sentences - Illegal entry - The accused was convicted of unlawfully enter­ing Canada without the written consent of the Minister while under a deportation order, contrary to s. 55 of the Immigration Act - A 12 month sentence was imposed - The accused appealed the sentence - The Newfoundland Court of Appeal stated that given the accused's criminal record and previous convictions for having entered Canada illegally, it could not be said that the sentence was unfit - However, the court held that the trial judge erred by not giving any credit for two months spent in remand without giving any reasons for doing so - The court gave the accused credit of four months and reduced the sentence to eight months - See paragraphs 22 to 27.

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served - [See Aliens - Topic 5204 ].

Cases Noticed:

R. v. McGibbon (1988), 31 O.A.C. 10; 45 C.C.C.(3d) 334 (C.A.), refd to. [para. 7].

R. v. Beals (E.W.) (1993), 126 N.S.R.(2d) 130; 352 A.P.R. 130 (C.A.), appld. [para. 8].

R. v. Singh (1981), 12 Man.R.(2d) 319; 63 C.C.C.(2d) 156 (Co. Ct.), refd to. [para. 19].

R. v. Maunder (1983), 46 Nfld. & P.E.I.R. 361; 135 A.P.R. 361 (Nfld. C.A.), refd to. [para. 22].

R. v. Davis (M.L.) (1994), 48 B.C.A.C. 311; 78 W.A.C. 311 (C.A.), refd to. [para. 22].

R. v. Daniels, [1993] B.C.J. No. 2456 (C.A.), refd to. [para. 22].

R. v. Luckstein (S.) (1995), 65 B.C.A.C. 154; 106 W.A.C. 154 (C.A.), refd to. [para. 22].

R. v. Jones, [1997] O.J. No. 604 (C.A.), refd to. [para. 22].

R. v. Cooper (G.) (1997), 153 Nfld. & P.E.I.R. 106; 475 A.P.R. 106 (Nfld. C.A.), refd to. [para. 27].

Counsel:

The appellant was not represented;

Glenn Picco, for the respondent.

This appeal was heard on July 15, 1998, before Mahoney, Steele and Green, JJ.A., of the Newfoundland Court of Appeal. The following judgment of the Court of Appeal was delivered by Green, J.A, on July 17, 1998.