R. v. James, 2014 NLCA 21

Date: 201404 08 Docket: 13/40, 13/41, 13/42, 13/43, 13/44 Citation: R. v. James , 2014 NLCA 21 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN: STEPHEN JAMES APPELLANT AND: HER MAJESTY THE QUEEN RESPONDENT Coram: Rowe, Mercer and Hoegg JJ.A.

Court Appealed From: Supreme Court of Newfoundland and Labrador Trial Division (G), 2012 01G 6058 Appeal Heard: April 8, 2014 Judgment Rendered: April 8, 2014 (Orally) Memorandum of Disposition Filed: April 9, 2014 Counsel for the Appellant: Self-Represented (no appearance) Counsel for the Respondent: Vikas Khaladkar MEMORANDUM OF DISPOSITION Rowe J.A.: [ 1 ] Mr. James was charged with (two counts of) operating a motor vehicle without insurance, driving without registration and using a fictitious licence plate marker. He was also charged with driving with an expired licence.

All are offences under the Highway Traffic Act R.S.N.L. 1990, C.H-3. [ 2 ] Mr. James did not appear in Provincial Court to answer the charges; he was convicted in absentia . He brought on a

Summary Conviction Appeal, which was dismissed. He appealed to this Court on the basis that at the Provincial Court he had been denied his

right to be heard. Having filed a notice of appeal, Mr. James did nothing further. He filed no materials. He failed to appear. [ 3 ] Mr. James’ appeal of the

Summary Conviction Appeal Justice’s decision requires leave of this Court, pursuant to

section 839 of the Criminal Code . Leave to appeal is denied. _________________________ M. H. Rowe J.A.