2023 QCCA 1531, 2023 QCCA 1531

Nguyen c. R. 2023 QCCA 1531 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-008115-238 ( 550-01-116401-201 ) MINUTES OF HEARING WARNING : The trial court made an order under s. 486.4(1) Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. DATE: December 5, 2023 THE HONOURABLE STEPHEN W. HAMILTON, J.A.

APPLICANT COUNSEL Quy-Son Nguyen Mtre Jolene Hansell ( Russomanno Criminal Law ) By videoconference RESPONDENT COUNSEL HIS MAJESTY THE KING Mtre raphaël lacoste ( Directeur des poursuites criminelles et pénale ) DESCRIPTION: Motion to extend the time for appeal. ( Article 678(2) of the Criminal Code ) Clerk at the hearing: Ariane Simard-Trudel Courtroom: RC-18 HEARING

9:34 Commencement of the hearing. Identification of counsel. Preliminary remarks by the judge. 9:36 Discussion between the judge and Mtre Hansell. 9:37 The motion is not contested by the respondent. 9:38 BY THE JUDGE : Judgment – see page 3. Conclusion of the hearing. Ariane Simard-Trudel, Clerk at the hearing JUDGMENT WARNING : The trial court made an order under s. 486.4(1) Cr.C . directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way. [ 1 ] The Applicant was convicted of sexual assault on March 31, 2023.

He has not yet been sentenced. [ 2 ] He filed a notice of appeal from his conviction on grounds that involve questions of law alone on November 29, 2023, and, by motion dated the same date, asks for the extension of the time limit for appealing.

He explains in his motion that he always intended to appeal but that counsel advised him that the time limit for filing the notice of appeal only started to run after sentencing. [ 3 ] The Respondent does not contest the motion. [ 4 ] In the circumstances, I am of the view that the conditions for extending the time limit for appealing are met and that the motion should be granted.

FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the Motion to Extend the Time for Appeal; [ 6 ] EXTENDS the time limit to appeal the judgment rendered on March 31, 2023, by the Court of Quebec; [ 7 ] ALLOWS the filing of the Notice of Appeal from a Conviction on a Ground that Involves a Question of Law Alone dated November 26, 2023. STEPHEN W. HAMILTON, J.A.