R. v. Innocente

R. v. Innocente

Applicant cannot afford counsel and, although he is competent in general trial tasks, the complexity of particular pre-trial issues (autrefois pleas, wiretap and search warrant challenges, and expert qualification) requires appointment of counsel; the Crown must provide counsel for those specific matters and proceedings are stayed conditionally until counsel is appointed.

Citation
2003 NSSC 189
Parties
Applicant/accused: Daniel Joseph Innocente; Respondent/crown: Her Majesty the Queen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 September 2003
Procedural Posture
Criminal / Rowbotham Application for Appointment of Counsel / Pre Trial
Outcome
Application granted in part: counsel to be provided for specified pre-trial motions and a conditional stay of proceedings until counsel is appointed.
Legal Topics
Right to Counsel, Rowbotham Application, Autrefois Acquit/autrefois Convict (double Jeopardy), Wiretap/electronic Surveillance Warrants, Search Warrants, Expert Witness Qualification, Stay of Proceedings, Proceeds of Crime Seizure
Source Language
English
Criminal Law Constitutional Law Procedural Law Legal Aid/access to Counsel Evidence Law Right to Counsel Rowbotham Application Autrefois Acquit/autrefois Convict (double Jeopardy) +5 more

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Parties

Daniel Joseph Innocente

Applicant/accused

Her Majesty the Queen

Respondent/crown

Procedural Posture

Criminal / Rowbotham Application for Appointment of Counsel / Pre Trial

Legal Issues

  1. 1 Whether denial of counsel infringes ss.7 and 11(d) of the Charter
  2. 2 Whether applicant lacks financial means to retain counsel
  3. 3 Whether complexity and seriousness of the proceedings require appointment of counsel

Ratio Decidendi

Applicant cannot afford counsel and, although he is competent in general trial tasks, the complexity of particular pre-trial issues (autrefois pleas, wiretap and search warrant challenges, and expert qualification) requires appointment of counsel; the Crown must provide counsel for those specific matters and proceedings are stayed conditionally until counsel is appointed.

Court Disposition

Application granted in part: counsel to be provided for specified pre-trial motions and a conditional stay of proceedings until counsel is appointed.

Orders

  • Crown shall arrange and provide legal counsel to the applicant to prepare and argue applications relating to the pleas of autrefois acquit and autrefois convict.
  • Counsel shall represent the applicant in voir dires and cross-examination relating to warrants for electronic surveillance (wiretaps), search warrants, and the qualifications of Crown expert witnesses.