R. v. Freake, 2011 NLCA 30

Date: 20110518 Docket: 09/38 Citation: R. v. Freake , 2011 NLCA 30 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : JOSHUA FREAKE APPELLANT/APPLICANT AND : HER MAJESTY THE QUEEN RESPONDENT Coram: Rowe, J.A.

Application Heard: May 18, 2011 Decision Rendered: May 18, 2011 (Orally) Memorandum of Disposition filed: May 18, 2011 Counsel for the Appellant/Applicant: Self Represented Counsel for the Respondent: Sheldon Steeves MEMORANDUM OF DISPOSITION Rowe, J.A.: [ 1 ] Joshua Freake was convicted of sexual assault (s. 271(1)(a)), uttering threats (s. 264.1(1)) and breach of probation (s. 733.1(1)). He was sentenced to 4½ years imprisonment. [ 2 ] Mr. Freake seeks to appeal both conviction and sentence.

Legal Aid has agreed to represent him for his conviction for uttering threats and his sentence, but not his conviction for sexual assault and breach of probation. Mr. Freake applied to this Court for appointment of counsel pursuant to s. 684 of the Criminal Code . [ 3 ] The Crown consented to the application. Accordingly, the application is granted. Legal Aid will represent Mr. Freake for all aspects of his appeal. I will leave it to Legal Aid and the Attorney General to deal with any payment of fees, with a right to apply for directions in this regard, if needed.

______________________________ M. H. Rowe, J.A.