Crown application for an order dismissing a conviction and sentence appeal, without a hearing on the merits. Accused was convicted of sexual assault, but left Canada to return to Kosovo prior to his sentencing. 3 year sentence imposed in absentia. Upon the filing of the appeal, the accused was still in Europe.
Held: Crown application dismissed.
Immigration issues prevented the accused’s return to Canada for his sentencing. Affidavit evidence established the accused’s intent to return to Canada and surrender into custody. Crown application dismissed on the conditions that the accused “take immediate steps to arrange with Canadian authorities his surrender into custody and return to Canada … for the sake of clarity, we will not permit the appellant to have his conviction appeal heard on the merits unless and until this Court is satisfied that the appellant is lawfully in custody in Canada.”
D. Hatch – Defence Counsel