R. v. Scrivener

R. v. Scrivener Collection Decisions of the Court of Appeal Date 2018-11-13 Neutral citation 2018 ONCA 909 Docket numbers C63679 Judges Feldman, Kathryn N.; Roberts, Lois B.; Fairburn, J. Michal Subject Criminal Decision Content COURT OF APPEAL FOR ONTARIO CITATION: R. v. Scrivener, 2018 ONCA 909 DATE: 20181113 DOCKET: C63679 Feldman, Roberts and Fairburn JJ.A. BETWEEN Her Majesty the Queen Respondent and Steven Robert Scrivener Appellant Mark Halfyard, as duty counsel Jessica Smith Joy, for the respondent Heard and released orally: November 8, 2018 On appeal from the conviction entered on November 30, 2016 and the sentence imposed on March 31, 2017 by Justice D.M. Paciocco of the Ontario Court of Justice. . REASONS FOR DECISION [1] The appellant says that the trial judge erred by failing to grant an adjournment request so that he could bring a s. 11(b) application. That adjournment request was made on the day that had been scheduled for sentencing, some three months after the convictions had been registered. He filed no application or evidence in support of his request. Nor was there evidence that the transcript had been ordered. [2] We see no error in the trial judge’s decision to deny the request for an adjournment. The trial judge’s conclusion that the proposed application was for the purpose of further delaying proceedings was reasonable and there is no basis to interfere with that conclusion. [3] Despite Mr. Halfyard’s very able submissions, we disagree that the trial judge failed to turn his mind to the potential merit of a s. 11(b) application. Read in context, the trial judge’s reasons reveal his conclusion that the delay lay at the feet of the appellant and he suffered no prejudice as a result. [4] The appellant did not pursue his other grounds of appeal. [5] The conviction appeal is dismissed. Leave to appeal sentence is refused. “K. Feldman J.A.” “L.B. Roberts J.A.” “Fairburn J.A.”