R v. Roberts
The appeal was properly dismissed as abandoned because the appellant, aware of the hearing date, failed to appear and left only a voicemail; coupled with the fact that the 2007 hearing had been superseded by a subsequent October 2008 hearing resolved by joint submission and the appellant's current community status,...
Source-derived case information.
- Citation
- 2009 ONCA 146
- Parties
- Appellant: Mark Roberts; Respondent: Her Majesty the Queen; Intervener: Centre for Addiction and Mental Health
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 17 February 2009
- Procedural Posture
- Criminal / Appeal From Ontario Review Board (appeal Dismissed as Abandoned)
- Outcome
- Appeal dismissed as abandoned
- Legal Topics
- Abandonment of Appeal, Review Board Orders, Disposition Following Subsequent Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Roberts
Appellant
Her Majesty the Queen
Respondent
Centre for Addiction and Mental Health
Intervener
Procedural Posture
Criminal / Appeal From Ontario Review Board (appeal Dismissed as Abandoned)
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned due to the appellant's failure to appear
- 2 Whether a subsequent October 2008 hearing supersedes the 2007 hearing under appeal
- 3 Whether dismissal for abandonment is appropriate where appellant left a voicemail but did not attend
Ratio Decidendi
The appeal was properly dismissed as abandoned because the appellant, aware of the hearing date, failed to appear and left only a voicemail; coupled with the fact that the 2007 hearing had been superseded by a subsequent October 2008 hearing resolved by joint submission and the appellant's current community status, dismissal for abandonment was appropriate.
Court Disposition
Appeal dismissed as abandoned
Orders
- The appeal is dismissed as abandoned.
Full Case Text
Judgment text and source record
1 paragraphs
R v. Roberts Collection Decisions of the Court of Appeal Date 2009-02-17 Neutral citation 2009 ONCA 146 Docket numbers C48828 Judges Feldman, Kathryn N.; MacPherson, James C.; Armstrong, Robert Patrick Subject Criminal Decision Content CITATION: R v. Roberts, 2009 ONCA 146 DATE: 20090213 DOCKET: C48828 COURT OF APPEAL FOR ONTARIO Feldman, MacPherson and Armstrong JJ.A. BETWEEN: Her Majesty the Queen Respondent and Mark Roberts Appellant Anita Szigeti, amicus curiae, for the appellant K. Papadopoulos for the respondent Crown Jay Hammond, for the Centre for Addiction and Mental Health Heard and endorsed: February 10, 2009 On appeal from the decision of the Ontario Review Board dated November 6, 2007. APPEAL BOOK ENDORSEMENT [1] Mr. Roberts did not appear this morning for his appeal and left a voice mail with his case worker that he was sorry he would not be appearing this morning. He was aware of the date, place and time and courtroom number. The Crown and hospital submit that the appeal should be dismissed as abandoned. Amicus counsel takes no position. We agree that it is appropriate to dismiss the appeal as abandoned. The appeal is in respect of a 2007 hearing that has now been superseded by a subsequent hearing last October 2008 which proceeded on the basis of a joint submission. The appellant now lives in the community. The appeal is dismissed as abandoned.