R. v. Malcom
The appeal dismissal as an abandoned appeal was not rescinded because the appellant failed to meet an order to provide the transcript and failed to appear at purge court, and no basis was shown to set aside the dismissal.
Source-derived case information.
- Citation
- C41525
- Parties
- Respondent: Her Majesty the Queen; Appellant: Mark Malcolm
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 25 April 2005
- Procedural Posture
- Criminal Appeal / Motion to Rescind Dismissal as Abandoned Appeal After Failure to Provide Transcript and Non‑appearance at Purge Court
- Outcome
- Appeal dismissed as an abandoned appeal; order of dismissal not rescinded
- Legal Topics
- Abandoned Appeal, Rescind Order, Transcript Production, Procedural Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Mark Malcolm
Appellant
Procedural Posture
Criminal Appeal / Motion to Rescind Dismissal as Abandoned Appeal After Failure to Provide Transcript and Non‑appearance at Purge Court
Legal Issues
- 1 Whether the court should rescind its order dismissing the appeal as abandoned
- 2 Whether failure to comply with a court order to provide transcript and non‑appearance justify dismissal as abandoned
Ratio Decidendi
The appeal dismissal as an abandoned appeal was not rescinded because the appellant failed to meet an order to provide the transcript and failed to appear at purge court, and no basis was shown to set aside the dismissal.
Court Disposition
Appeal dismissed as an abandoned appeal; order of dismissal not rescinded
Orders
- Appeal dismissed as an abandoned appeal; dismissal remains in effect
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Malcom Collection Decisions of the Court of Appeal Date 2005-04-25 Docket numbers C41525 Judges Doherty, David H.; Moldaver, Michael James; Gillese, Eileen E. Subject Criminal Decision Content DATE: 20050425 DOCKET: C41525 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. MARK MALCOLM (Appellant) BEFORE: DOHERTY, MOLDAVER and GILLESE JJ.A. COUNSEL: Boris Bytensky for the appellant Karey Katzsch and Deborah Krick for the respondent HEARD: April 21, 2005 RELEASED ORALLY: April 21, 2005 On appeal from the conviction entered by Justice R.R. Jennings of the Superior Court of Justice, sitting with a jury, on February 14, 2004 and the sentence imposed dated February 17, 2004. ENDORSEMENT [1] Mr. Malcolm’s case was scheduled before purge court on Tuesday, April 19, 2005. He did not appear and the appeal was dismissed as an abandoned appeal. Mr. Malcolm appeared about a half an hour after the matter had been disposed of and asked that it be listed for further hearing so that counsel, who has been assisting him, could attend and make whatever submissions he thought appropriate. The court directed that the matter be listed for today, April 21, to consider whether we should rescind our order dismissing the appeal as an abandoned appeal. [2] We have heard submissions from counsel who has been assisting Mr. Malcolm throughout the appellate process. An order was made several months ago directing Mr. Malcolm to order and provide the transcript by a certain date. That deadline has not been met. [3] We see no basis upon which we should rescind our order. The appeal remains dismissed as an abandoned appeal. “Doherty J.A.” “M.J. Moldaver J.A.” “E.E. Gillese J.A.”