IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL Citation : R. v. Flynn , 2016 NLCA 5 Date : February 10, 2016 Docket : 201501H0060 BETWEEN: GARY FLYNN APPLICANT AND: HER MAJESTY THE QUEEN RESPONDENT Coram: Welsh J.A. Application Heard: February 10, 2016 Decision Rendered: February 10, 2016 (Orally) Memorandum of Disposition Filed: February 10, 2016 Counsel for the Applicant: Self Represented Counsel for the Respondent: Lloyd M. Strickland MEMORANDUM OF DISPOSITION Welsh J.A: [ 1 ] Gary Flynn is appealing his convictions under
section 433 (
a) of the Criminal Code , arson with disregard for human life, and
section 733.1(1)(b), breach of probation. [ 2 ] The issues on appeal raised by Mr. Flynn relate to the failure of his counsel at trial to bring evidence that Mr. Flynn felt to be relevant. In the circumstances, I was satisfied that it was desirable in the interests of justice that Mr. Flynn should have legal counsel. Legal aid is not available since his grounds of appeal relate to the conduct of counsel at trial, that counsel being employed by the Legal
Aid Commission. Given the nature of the grounds of appeal, it was not possible to conclude that the appeal is frivolous. [ 3 ] Accordingly, pursuant to
section 684 of the Criminal Code , I ordered that counsel be assigned for purposes of the appeal. ____________________________________ B. G. Welsh J.A.