R. v. Stephen-Patriquen

R. v. Stephen-Patriquen

The accused met the Rowbotham test: she is insolvent and has exhausted avenues to obtain counsel, the charges are complex and carry serious consequences, and there is a high probability that without funded counsel she would not receive a fair trial; therefore a stay is required until the state offers reasonable terms for competent counsel.

Citation
2004 NSSC 96
Parties
Crown: Her Majesty the Queen; Accused: Melanie Jane Stephen-Patriquen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 April 2004
Procedural Posture
Criminal / Pre Trial (rowbotham Application)
Outcome
Stay granted until state offers reasonable terms for funded counsel
Legal Topics
Rowbotham Application, Right to Counsel, State Funded Counsel, Money Laundering, Possession of Proceeds of Crime, Search and Seizure, Mens Rea, Fair Trial
Source Language
English
Criminal Law Charter Rights Legal Aid/right to Counsel Evidence (search and Seizure) Rowbotham Application Right to Counsel State Funded Counsel Money Laundering +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Melanie Jane Stephen-Patriquen

Accused

Procedural Posture

Criminal / Pre Trial (rowbotham Application)

Legal Issues

  1. 1 Whether accused is entitled to state-funded counsel under Rowbotham
  2. 2 Whether accused has exhausted all reasonable avenues to obtain counsel
  3. 3 Whether absence of counsel creates a high probability of violation of the right to make full answer and defence

Ratio Decidendi

The accused met the Rowbotham test: she is insolvent and has exhausted avenues to obtain counsel, the charges are complex and carry serious consequences, and there is a high probability that without funded counsel she would not receive a fair trial; therefore a stay is required until the state offers reasonable terms for competent counsel.

Court Disposition

Stay granted until state offers reasonable terms for funded counsel

Orders

  • Stay of proceedings ordered until the state offers the accused reasonable terms under which she can retain competent counsel
  • Court office will prepare a written version of the oral decision and send it to the parties