R. v. Guppy
Because the appellant declined counsel, remained silent after being given opportunity to make submissions and was warned that silence could result in dismissal, the Court dismissed the appeal as abandoned.
Source-derived case information.
- Citation
- 2021 ONCA 610
- Parties
- Respondent: Her Majesty the Queen; Appellant: Roger Guppy
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 10 September 2021
- Procedural Posture
- Criminal / Appeal From Conviction (court of Appeal); Oral Hearing; Dismissed as Abandoned
- Outcome
- Appeal dismissed as abandoned.
- Legal Topics
- Abandonment of Appeal, Self Represented Litigant, Dismissal for Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
Roger Guppy
Appellant
Procedural Posture
Criminal / Appeal From Conviction (court of Appeal); Oral Hearing; Dismissed as Abandoned
Legal Issues
- 1 Whether the appeal should be dismissed as abandoned for failure to prosecute
- 2 Whether the appellant's silence and refusal of duty counsel permits dismissal
Ratio Decidendi
Because the appellant declined counsel, remained silent after being given opportunity to make submissions and was warned that silence could result in dismissal, the Court dismissed the appeal as abandoned.
Court Disposition
Appeal dismissed as abandoned.
Orders
- Appeal dismissed as abandoned.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. Guppy Collection Decisions of the Court of Appeal Date 2021-09-10 Neutral citation 2021 ONCA 610 Docket numbers C69376 Judges Hoy, Alexandra; Trotter, Gary T.; Paciocco, David M. Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Guppy, 2021 ONCA 610 DATE: 20210910 DOCKET: C69376 Hoy, Trotter and Paciocco JJ.A. BETWEEN Her Majesty the Queen Respondent and Roger Guppy Appellant Roger Guppy, acting in person Nicole Rivers, for the respondent Heard and released orally: September 8, 2021 by video conference On appeal from the convictions entered by Justice Christine Pirraglia of the Ontario Court of Justice on July 22, 2020, with reasons reported at 2020 ONCJ 413. REASONS FOR DECISION [1] Duty counsel, Ms. Vandebeek, advised that Mr. Guppy had declined her offer to assist with his conviction appeal. Mr. Guppy remained silent when asked for his submissions. The Crown asked that his appeal be dismissed as abandoned. We advised Mr. Guppy that if he remained silent and made no submissions his appeal could be dismissed as abandoned. He continued to remain silent. [2] This appeal is dismissed as abandoned. “Alexandra Hoy J.A.” “Gary Trotter J.A.” “David M. Paciocco J.A.”