R. v. Cleveland
The appeal was dismissed as abandoned because counsel was unable to reach the appellant and therefore could not obtain instructions necessary to prosecute the appeal, preventing the appeal from proceeding.
Source-derived case information.
- Citation
- C40126
- Parties
- Respondent: Her Majesty the Queen; Appellant: Richard Roland Cleveland
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 January 2004
- Procedural Posture
- Criminal / Appeal From Sentence
- Outcome
- Appeal dismissed as abandoned
- Legal Topics
- Abandoned Appeal, Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Richard Roland Cleveland
Appellant
Procedural Posture
Criminal / Appeal From Sentence
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned due to counsel's inability to reach the appellant
- 2 Whether an appellant's failure to instruct counsel prevents the appeal from proceeding
Ratio Decidendi
The appeal was dismissed as abandoned because counsel was unable to reach the appellant and therefore could not obtain instructions necessary to prosecute the appeal, preventing the appeal from proceeding.
Court Disposition
Appeal dismissed as abandoned
Orders
- Appeal dismissed as abandoned
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Cleveland Collection Decisions of the Court of Appeal Date 2004-01-23 Docket numbers C40126 Judges Doherty, David H.; Rosenberg, Marc; Moldaver, Michael James Subject Criminal Decision Content DATE: 20040123 DOCKET: C40126 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) - and - RICHARD ROLAND CLEVELAND (Appellant) BEFORE: DOHERTY, ROSENBERG and MOLDAVER JJ.A. COUNSEL: Robert M. Geurts for the appellant Leslie Paine for the respondent HEARD & ENDORSED: January 21, 2004 On appeal from the sentence of Justice Antonio Di Zio of the Ontario Court of Justice dated May 7, 2003. APPEAL BOOK ENDORSEMENT [1] Counsel is unable to reach his client. The appeal is dismissed as an abandoned appeal.