R. v. Innocente

R. v. Innocente

Applicant demonstrated material changes (exhaustion of legal aid, loss of home, increased living expenses), made reasonable efforts to obtain counsel, and certiorari is sufficiently complex that representation is essential to a fair hearing; therefore, under Rowbotham and Keating the Crown must fund legal representation for the certiorari application.

Citation
2002 NSSC 130
Parties
Applicant/accused: Daniel Joseph Innocente; Respondent/crown: Her Majesty the Queen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
10 May 2002
Procedural Posture
Criminal — Judicial Review/certiorari Re: Proceeds of Crime / Rowbotham Application (pre Certiorari) for Appointment of State Funded Counsel
Outcome
Rowbotham application granted
Legal Topics
Rowbotham Application, State Funded Counsel, Legal Aid Eligibility, Certiorari, Res Judicata, Stay of Proceedings
Source Language
English
Criminal Law Administrative Law Constitutional Law (charter) Rowbotham Application State Funded Counsel Legal Aid Eligibility Certiorari Res Judicata +1 more

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Parties

Daniel Joseph Innocente

Applicant/accused

Her Majesty the Queen

Respondent/crown

Procedural Posture

Criminal — Judicial Review/certiorari Re: Proceeds of Crime / Rowbotham Application (pre Certiorari) for Appointment of State Funded Counsel

Legal Issues

  1. 1 Whether applicant is entitled to state-funded counsel under Rowbotham
  2. 2 Whether there has been a material change of circumstances removing the bar of res judicata
  3. 3 Whether representation is essential for a fair hearing of the certiorari application

Ratio Decidendi

Applicant demonstrated material changes (exhaustion of legal aid, loss of home, increased living expenses), made reasonable efforts to obtain counsel, and certiorari is sufficiently complex that representation is essential to a fair hearing; therefore, under Rowbotham and Keating the Crown must fund legal representation for the certiorari application.

Court Disposition

Rowbotham application granted

Orders

  • Order requiring the Crown to provide funding for legal representation of Daniel Joseph Innocente for the certiorari (judicial review) application
  • Crown to make arrangements regarding the funding