R. v. Giovannini, 2017 NLCA 11

Bradley Giovannini (applicant/appellant) v. Her Majesty the Queen (respondent) (16/102) Indexed As: R. v. Giovannini 2017 NLCA 11 1 C.A.N.L.R. 487 Court of Appeal of Newfoundland and Labrador Welsh J.A. February 8, 2017

Summary: Mr. Giovannini applied for the appointment of counsel for his criminal appeal under

section 684 of the Criminal Code . Held: Application allowed. Welsh J.A.: Given that the application for legal aid was denied, the Attorney General took no position on the application, the issues on appeal and Mr. Giovannini’s limited ability to address the relevant questions of mixed fact and law, the assistance of counsel is warranted. The application was allowed. Counsel: Appearing on his own behalf, the applicant/appellant; David Rodgers, for the respondent; Iain Hollett, conducting a watching brief on behalf of the Crown.

This application was heard and disposition rendered orally on February 7, 2017 by Welsh J.A. The Memorandum of Disposition was filed on February 8, 2017 by Welsh J.A. ______________________________________________________________ Welsh J.A.: [ 1 ] Bradley Giovannini’s application for legal aid to assist in his application for judicial interim release and in his appeal was denied. Mr. Giovannini then applied for the appointment of counsel under

section 684 of the Criminal Code . [ 2 ] At the hearing, counsel for the Attorney General took no position on the application, neither consenting nor objecting. Having reviewed the material relevant to the application and the appeal, I was satisfied that, in the circumstances, it was appropriate to make the order. The issues on appeal and Mr. Giovannini’s limited ability to address the relevant questions of mixed fact and law are such that the assistance of counsel is warranted. Application allowed .