R. v. Igenu
The Court granted an adjournment to September 4, 2019 to permit further efforts to locate the respondent, and ordered that if the respondent does not appear the Crown must be prepared either to argue the merits or to request that the appeal be dismissed as abandoned.
Source-derived case information.
- Citation
- 2019 ONCA 429
- Parties
- Appellant: Her Majesty the Queen; Respondent: Jeremiah Igenu
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 May 2019
- Procedural Posture
- Criminal / Appeal From Acquittal
- Outcome
- Adjourned to September 4, 2019 with directions regarding the Crown's options if the respondent fails to appear.
- Legal Topics
- Appeal, Acquittal, Service of Process, Adjournment, Abandonment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Appellant
Jeremiah Igenu
Respondent
Procedural Posture
Criminal / Appeal From Acquittal
Legal Issues
- 1 Whether the appeal should proceed in the absence of the respondent
- 2 Whether to adjourn the hearing to allow further efforts to locate the respondent
- 3 Whether the Crown may request dismissal of the appeal as abandoned if respondent fails to appear
Ratio Decidendi
The Court granted an adjournment to September 4, 2019 to permit further efforts to locate the respondent, and ordered that if the respondent does not appear the Crown must be prepared either to argue the merits or to request that the appeal be dismissed as abandoned.
Court Disposition
Adjourned to September 4, 2019 with directions regarding the Crown's options if the respondent fails to appear.
Orders
- Adjourned to September 4, 2019.
- If the respondent does not appear, the Crown must be prepared to either argue the merits or request that the appeal be dismissed as abandoned.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Igenu Collection Decisions of the Court of Appeal Date 2019-05-23 Neutral citation 2019 ONCA 429 Docket numbers C63371 Judges Doherty, David H.; Benotto, Mary Lou; Huscroft, Grant Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Igenu, 2019 ONCA 429 DATE: 20190522 DOCKET: C63371 Doherty, Benotto and Huscroft JJ.A. BETWEEN Her Majesty the Queen Appellant and Jeremiah Igenu Respondent Bradley Reitz, for the appellant No one appearing, for the respondent Heard: May 17, 2019 On appeal from the acquittal entered by Justice D. McLeod of the Ontario Court of Justice, dated January 27, 2017. APPEAL BOOK ENDORSEMENT [1] The respondent has been served with the Notice of Appeal, but nothing else. As far as the Crown knows, he is unaware of today’s date. The Crown has made unsuccessful efforts to locate the respondent. Crown counsel does not ask the court to proceed with the appeal in the absence of the respondent. He asks that the hearing be adjourned to allow further efforts to locate the respondent, although he acknowledges that he has no reason to think those efforts will bear fruit. [2] The appeal is almost 2½ years old. Although we were prepared to deal with the appeal today, we are willing to accede to the Crown’s request to adjourn this to September 4, 2019. If the respondent does not appear, the Crown must be prepared, subject to the order of the court, to either argue the merits or request that the appeal be dismissed as abandoned.