COURT OF APPEAL FOR BRITISH COLUMBIA

Citation:

R. v. Bellwood

 

2018 BCCA 88

Date: 20180227

Docket: CA44174

Between:

Regina

Respondent

And

Andrew John Bellwood

Appellant

Before:

The Honourable Madam Justice Bennett

The Honourable Mr. Justice Harris

The Honourable Mr. Justice Hunter

On appeal from: orders of the Provincial Court of British Columbia, dated
December 13, 2016 (R. v. Bellwood, Nanaimo Docket No. 82164)

Oral Reasons for Judgment

No one appearing on behalf of the Appellant:

Counsel for the Respondent:

M.T. Ainslie, Q.C.

Place and Date of Hearing:

Vancouver, British Columbia

February 27, 2018

Place and Date of Judgment:

Vancouver, British Columbia

February 27, 2018


 

Summary:

The Crown applies to have the appellant’s appeal dismissed for want of prosecution. Held: Application granted. Despite being given considerable assistance by the Crown and by this Court, the appellant has failed to diligently pursue his appeal.

[1]          BENNETT J.A.: Mr. Bellwood pleaded guilty on December 13, 2016, to breaking and entering his step-brother’s residence and stealing a mountain bike, liquor and money. He was sentenced to 260 days in prison in addition to the pre-sentence credit of ten days.

[2]          He was represented by counsel, and the sentence was a joint submission.

[3]          He filed a notice of appeal against conviction and an application for leave to appeal sentence on January 9, 2017. He was provided counsel pursuant to an order made under s. 684 of the Criminal Code, R.S.C. 1985, c. C-46. The first lawyer withdrew from the record as she could not obtain instructions from him, as did the second lawyer for substantially the same reasons. When the second lawyer withdrew, Justice Stromberg-Stein suspended her previous order appointing counsel.

[4]          The Crown sent several letters to Mr. Bellwood advising that he needed to pursue his appeal or it would take steps to have the appeal dismissed for want of prosecution. No steps were taken.

[5]          The Crown has filed an application pursuant to s. 13(1) of the Criminal Appeal Rules for the dismissal of the conviction appeal and the application for leave to appeal sentence. Mr. Bellwood has been served with the application and supporting documents.

[6]          Mr. Bellwood has indicated to the Crown, and through counsel, that it is his intention to abandon the appeals. However, despite the best efforts of the Crown to help facilitate the filing of a notice of abandonment by Mr. Bellwood, one has not been filed.

[7]          Mr. Bellwood is required to pursue his appeal diligently. He has taken no steps to further this appeal, despite being given considerable assistance by this Court and the Crown.

[8]          In my view, the Crown has established that his appeal against conviction and his application for leave to appeal sentence should be dismissed for want of prosecution.

[9]          HARRIS J.A.: I agree.

[10]       HUNTER J.A.: I agree.

[11]       BENNETT J.A.: The appeal and the application for leave to appeal sentence are dismissed.

“The Honourable Madam Justice Bennett”