Citation:

R. v. Copeland

Date:  20020716

 

2002 BCCA 431

Docket:  CA027930

 

COURT OF APPEAL FOR BRITISH COLUMBIA

 

 

BETWEEN:

 

REGINA

 

RESPONDENT

 

AND:

 

ROBERT EDWARD COPELAND

 

APPELLANT

 

 

 

 

Before:

The Honourable Madam Justice Southin

 

The Honourable Madam Justice Huddart

 

The Honourable Mr. Justice Thackray

 

 

 

R. E. Copeland

Appearing in person

J. M. I. Duncan

Counsel for the Respondent (Crown)

 

 

Place and Date of Hearing:

Vancouver, British Columbia

9th April, 2002

Place and Date of Judgment:

Vancouver, British Columbia

16th July, 2002

 

Written Reasons of the Court

 


Reasons for Judgment of the Court:

 

[1]         The Court was concerned, upon the hearing of this application by the Crown that this appeal be dismissed as abandoned, the appellant having filed a notice of abandonment, that some consideration should be given by the Court to the proceedings at trial.  A conviction for first degree murder is a very grave matter and it behoves the Court, in the interests of justice, to take some care that an appeal from such a conviction is not dismissed as abandoned if there is any sound reason for it to go forward.

[2]         On that footing, it was understood that Madam Justice Southin would obtain the papers and consider whether there were any issues which required this Court to hear the appeal.

[3]         She has now considered the central portions of both the transcript and the appeal book, and the grounds of appeal raised by the appellant's co-accused, Forknall, and is of the view that there is no reason why this appeal should not stand dismissed as abandoned.

[4]         The order will therefore go as sought.

 

“THE HONOURABLE MADAM JUSTICE SOUTHIN”

 

“THE HONOURABLE MADAM JUSTICE HUDDART”

 

“THE HONOURABLE MR. JUSTICE THACKRAY”