R. v. Horsford
The appeal was re‑instated because the record established the appellant intended to pursue the appeal, the abandonment was not authorized by him, and the Crown would suffer no prejudice; the re‑instated appeal may include leave to appeal the sentence.
Source-derived case information.
- Citation
- 2018 ONCA 639
- Parties
- Appellant: Devon Horsford; Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 16 July 2018
- Procedural Posture
- Criminal / Motion to Re‑instate Appeal and for Extension of Time to Seek Leave to Appeal Sentence (court of Appeal Decision)
- Outcome
- Appeal re‑instated; appeal may include leave to appeal sentence; matter adjourned to October 2, 2018 to be spoken to.
- Legal Topics
- Re‑instatement of Appeal, Extension of Time, Leave to Appeal Sentence, Notice of Abandonment, Prejudice to Crown
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Devon Horsford
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Motion to Re‑instate Appeal and for Extension of Time to Seek Leave to Appeal Sentence (court of Appeal Decision)
Legal Issues
- 1 Whether the appellant's conviction appeal should be re‑instated
- 2 Whether an extension of time/leave to appeal sentence should be allowed
- 3 Whether the notice of abandonment was valid when instructions came from a third party
Ratio Decidendi
The appeal was re‑instated because the record established the appellant intended to pursue the appeal, the abandonment was not authorized by him, and the Crown would suffer no prejudice; the re‑instated appeal may include leave to appeal the sentence.
Court Disposition
Appeal re‑instated; appeal may include leave to appeal sentence; matter adjourned to October 2, 2018 to be spoken to.
Orders
- Conviction appeal re‑instated.
- The appeal may include leave to appeal the sentence.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Horsford Collection Decisions of the Court of Appeal Date 2018-07-16 Neutral citation 2018 ONCA 639 Docket numbers C62648, M49148, M49157 Judges Benotto, Mary Lou; Trotter, Gary T.; Paciocco, David M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Horsford, 2018 ONCA 639 DATE: 20180716 DOCKET: M49148 & M49157 (C62648) Benotto, Trotter and Paciocco JJ.A. BETWEEN Her Majesty the Queen Respondent and Devon Horsford Appellant Matthew Gourlay duty counsel Ian Bell, for the respondent Heard: July 10, 2018 REASONS FOR DECISION [1] Devon Horsford brings this motion to re-instate his appeal from conviction and to seek an extension of time to seek leave to appeal his sentence. [2] Mr. Horsford was convicted in 2016. His then counsel Daniel Santoro filed a Notice of Appeal within the required time. He was sentenced thereafter and no appeal from sentence was filed. [3] On March 8, 2018, Mr. Santoro filed a Notice of Abandonment of the appeal. Mr. Horsford submits that he did not give instructions to abandon the appeal. Mr. Santoro confirmed by email to the Pro Bono Inmate Appeal Program that the instructions came from Mr. Horsford’s brother, not Mr. Horsford. [4] Under these circumstances, the Crown does not oppose the requests. [5] We are satisfied that Mr. Horsford intended to pursue his appeal and did not realize that a separate notice was required for leave to appeal his sentence. There is no prejudice to the Crown. [6] Mr. Horsford’s conviction appeal is re-instated and the appeal may include leave to appeal sentence. He is in the process of retaining counsel. [7] The matter is adjourned to October 2, 2018 to be spoken to. “M.L. Benotto J.A.” “G.T. Trotter J.A.” “David M. Paciocco J.A.”