R. v. Abel, 2013 NLCA 12

Date: 201302 11 Docket: 13/04 Citation: R. v. Abel , 2013 NLCA 12 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN: ISAAC ABEL APPLICANT AND: HER MAJESTY THE QUEEN RESPONDENT Coram: Welsh, Rowe and White JJ.A.

Court Appealed From: Provincial Court of Newfoundland and Labrador Judicial Centre at Happy Valley-Goose Bay Application Heard: February 11, 2013 Judgment Rendered: February 11, 2013 (Orally) Memorandum of Disposition Filed: February 11, 2013 Applicant: No appearance Counsel for the Respondent: Frances Knickle MEMORANDUM OF DISPOSITION Welsh J.A.: [ 1 ] Isaac Abel was not represented by counsel in the proceedings in this Court.

On January 17, 2013, he failed to appear at the time appointed for the hearing of an appeal by the Crown regarding the duration of the order made in provincial court under the Sex Offender Information Registration Act . The Court waited approximately twenty minutes before proceeding with the appeal and granting the order requested by the Crown. A few minutes later, Mr. Abel appeared for the hearing. Arrangements had been made for him to appear by means of videoconference from Hopedale, Labrador. Mr.

Abel explained that he had made a mistake in the time because Hopedale, Labrador time is one-half hour later than Newfoundland time. [ 2 ] In the circumstances, the Court agreed to set a new time to give Mr. Abel the opportunity to present his case. On today’s date, although the difference in time had been emphasized for Mr. Abel’s benefit, he failed to appear at the appointed hour. Nonetheless, the Court adjourned for approximately forty minutes to await Mr. Abel’s appearance. When he still did not appear, the Court proceeded on the basis of the written materials. [ 3 ] The written materials filed by Mr.

Abel, including those filed subsequent to the January 17th hearing, and those of the Crown were considered by the Court. With the assistance of counsel, Mr. Abel pleaded guilty, and the sentence was within an appropriate

range. We were satisfied that there was no basis on which to grant an extension of time for Mr. Abel to file an appeal, and even if the extension had been granted, there were no grounds on which the appeal could succeed. Accordingly, Mr. Abel’s application before the Court was dismissed. B. G. Welsh J.A.