21591 replies to this topic

[Nparker]

He has a fool as a lawyer.

[Victoria Watcher]

i think in a murder case they'd assign you one anyway.  even if just to observe and be ready to step in if half way through a hearing he decides he needs one, so they do not have to start from scratch with a lawyer.

[pontcanna]

Two men to be sentenced in manslaughter death of Metchosin man struck with hammer

Times Colonist Nov. 2, 2021

A sentencing hearing is underway for two men who pleaded guilty to manslaughter in connection with the 2018 death of a Metchosin man who was beaten with a hammer.

Nathan Monsour and Lee Hart, originally charged with second-degree murder in the death of Shawn Douglas Campbell, pleaded guilty in March at the conclusion of a preliminary inquiry.

About 30 people were lined up outside the Victoria Courthouse this morning to attend the proceedings. Two overflow courtrooms have been opened up.

...In an attack that lasted less than a minute, Campbell was taken to the ground and struck on the back of the head with a hammer. A hammer blow was also delivered to the area above his right eye, said the statement.

At some point during the attack, Albrecht heard someone say: “That’s what you get for beating your wife.”

...Campbell sustained skull fractures and lacerations near his right eye, bruising on his torso, lower back and lower legs. His brain injury was deemed unsuitable for surgery. Brain death was confirmed on Oct. 1, 2018.

More: https://www.timescol...-hammer-4714830

 

[m3m]

i think in a murder case they'd assign you one anyway.  even if just to observe and be ready to step in if half way through a hearing he decides he needs one, so they do not have to start from scratch with a lawyer.

 

This doesn't happen. 

[Victoria Watcher]

This doesn't happen. 

 

wrong.

 

 

 

"A self-represented accused causes all kinds of problems. It really is a judge's worst nightmare," defence lawyer Ingrid Grant said in an interview.

 

Grant has also worked as a court-appointed amicus on several occasions, including the trial of Chiheb Esseghaier, who was convicted of plotting to derail a VIA passenger train. He is appealing the conviction.

 

An amicus is sometimes appointed by the judge to assist a self-represented defendant.

 

While this has not been ordered for Millard, he has hired a legal assistant on a "limited scope retainer." She will only provide "support service" and not any advice or legal strategy.

 

https://www.cbc.ca/n...ation-1.4368327

 

 

 

 

 

A superior court and provincial court dealing with criminal matters, has the discretion to appoint an amicus curiae counsel who will assist the court in the proceedings. This power arises from their inherent authority to "control their processes in order to function as courts of law" as well as the jurisdiction to " permit a particular proceeding to be successfully and justly adjudicated".

 

An amicus can play a variety of roles as determined by the Court. There is no fixed role that they must play.

 

Right to Self-Representation  

 

The accused has a right to represent himself and cannot be forced to apply for counsel through legal aid or by way of a Robotham application. However, an accused has no ability to discharge an amicus.

 

http://criminalnoteb...le_view_desktop

 

 

 

 

 

There are two competing notions regarding the appointment of an amicus and the Charter right to a fair trial: (1) is the appointment of an amicus essential to ensure that the accused receives fair treatment by the State, and (2) is the presence of an amicus, which is as a ‘friend of the court’ and not as defence counsel, going to undermine a potential defence that a self-represented accused may proffer?

 

Indeed, the SCC acknowledged that while the role of the amicus closely mirrors that of a defence counsel, they may also be required to make submissions contrary to the accused’s wishes. This stems from their ultimate duty as an officer of the court, absent a true fiduciary relationship with the accused. An amicus is typically appointed to assist unrepresented accused, as a duty to the court. In these cases, often the accused has not been eligible for legal aid funding, and as such the amicus is restricted in their function as a friend of the court. In paras 49-56 the majority surveyed the situation in which the amicus becomes defence counsel. It is of particular note that while still relevant to preserving a fair trial, the amicus who takes on an expanded role is no longer a friend of the court.

 

http://www.thecourt....non-negotiable/

Edited by Victoria Watcher, 02 November 2021 - 03:26 PM.

[m3m]

an amicus curae is remarkably different than what you described. 

[Victoria Watcher]

an amicus curae is remarkably different than what you described. 

 

cite your sources, as I did.  

 

you are wrong once again.

Edited by Victoria Watcher, 02 November 2021 - 04:07 PM.

[pontcanna]

Violent start of November for West Shore RCMP


2021-11-02 - Files: #2021-20325, 2021-20328, 2021-20341


The last 48 hours kept officers with the West Shore RCMP busy after some serious incidents were reported throughout View Royal, Colwood and Langford.


Police investigate assault from patient on hospital security staff

 

File 2021-20341

West Shore RCMP officers attended the Victoria General Hospital in the early hours of November 2nd, 2021 after a Protection Services officer reported she had been assaulted on October 31st by a hospital patient.

The Protection Services officer was helping hospital staff with a patient who was aggressive. During that process, the Protection Services officer was punched in the face and required medical attention as a result.

"This incident highlights the risks and dangers that staff in hospital are faced with everyday", says Cst. Alex Bérubé, spokesperson for the West Shore RCMP. "The RCMP is committed to keeping everyone safe and will continue to support our health care workers in their challenging and exhausting duties."


Police are seeking witnesses to sex assault on transit bus

 

File 2021-20328

West Shore RCMP arrested a 33 year-old Saanich man who allegedly sexually assaulted two females while on board a BC Transit bus in Colwood.

On November 1st, 2021, just after 8:00 P.M., officers with the West Shore RCMP responded to a complaint from a BC Transit bus driver that a sexual assault had just occurred on the bus which was parked on Goldstream Ave at Wale Rd in Colwood, BC. The bus driver had just been notified by the victims of the incident and promptly called police.

The suspect was described as a Caucasian male, 6’4, 240 lbs, red scruffy beard, blue toque, rain jacket and black shoes.

Upon arrival, police were directed inside the bus where the suspect and victims were still present. The intoxicated suspect was taken into custody and transported to cells, pending the investigation. Victims were interviewed by investigators and were offered support by Victim Services.

"The swift actions by the victims to notify the bus driver, who in turn called police right away allowed for officers to attend quickly and arrest the suspect", says Cst. Alex Bérubé, spokesperson for West Shore RCMP. "Investigators are seeking out further witnesses and/or other potential victims who haven’t come forward yet. Investigators are looking for passengers on Route 50 on November 1st at approximately 8:00 P.M. as it travelled from Station Ave to Goldstream Ave and Wale Rd."

As criminal charges have not be sworn yet, the identity of the suspect can’t be released at this time.

 

Machete used in robbery at large retail store

 

File 2021-20325

Police are investigating a robbery after a male suspect brandished a machete at staff at Canadian Tire in Langford.

West Shore RCMP responded just before 7:30 P.M. on November 1st, 2021 at Canadian Tire located at 855 Langford Pkwy in Langford after a male suspect brandished a machete at staff after he was confronted for allegedly shoplifting. Prior to police arrival, the suspect male fled through the receiving door and jumped a fence.

The suspect fled the store with a nail pulling tool. No staff were physically injured during the incident.

West Shore RCMP obtained the photo of the suspect taking by the Loss Prevention Officer and are hoping the public can assist in identifying him.

 

If you have any information about any of these incidents, please contact the West Shore RCMP at 250-474-2264.


Released by

Cst. Alex Bérubé
Media Relations Officer
West Shore RCMP

 

[pontcanna]

Man convicted of drunk driving in officer’s death must live in halfway house

• Times Colonist
• 3 Nov 2021

 

A man convicted of impaired driving in the death of a West Shore Mountie can continue to live in the community, but must stay either in a halfway house or a psychiatric facility approved by Corrections Canada, the Parole Board of Canada has decided.

 

Kenneth Jacob Fenton, who has been out on statutory release since March, was sentenced in 2017 to four years in prison for impaired driving after his vehicle broadsided Const. Sarah Beckett’s marked police car at the intersection of Goldstream Avenue and Peatt Road in Langford in April 2016, killing the 32-year-old mother of two boys.

 

The parole board said it imposed the residency restriction because Fenton needs “more structure.” 

 

In March, Fenton started living independently, but in September, urinalysis revealed he had used drugs and a revised release plan required that he return to the halfway house.

 

Fenton’s case-management team is concerned with recent lapses in judgment and the potential for harm should he use drugs, drink alcohol and drive.

 

More: https://digitaltimes...281612423626082

 

 

[On the Level]

 

 

Police are investigating a robbery after a male suspect brandished a machete at staff at Canadian Tire in Langford.

The suspect fled the store with a nail pulling tool.

 

 

Great....wonder what he plans to use that for.

[Victoria Watcher]

the photo shows him with a large lock-cutting tool. i can imagine how he might use that.

Edited by Victoria Watcher, 03 November 2021 - 06:22 AM.

[Mike K.]

Was it a nail puller, or heavy duty loppers? It looks like loppers.

The downtown London Drugs was selling Fiskars machetes all summer, not locked up or anything.

[Nparker]

...The downtown London Drugs was selling Fiskars machetes all summer, not locked up or anything.

With its proximity to the 900 block of Pandora, I imagine this product was quite lucrative for London Drugs.

[pontcanna]

Man convicted of drunk driving in officer’s death must live in halfway house

• Times Colonist
• 3 Nov 2021

 

A man convicted of impaired driving in the death of a West Shore Mountie can continue to live in the community, but must stay either in a halfway house or a psychiatric facility approved by Corrections Canada, the Parole Board of Canada has decided.

 

A few more details from Saanich News:

 

...the Parole Board of Canada ruled Oct. 26 that he move back into a community residential facility for the remainder of his sentence and observe a 9 p.m. curfew.

 

“Overnight leave privileges are not authorized because you need to demonstrate stability and prolonged sobriety in the community given the nature of the risk you present,” reads a report outlining the board’s decision.

 

However, a September series of events that included his sharing a marijuana joint – he has a medical marijuana prescription – that he believed to be laced with cocaine, then hiding that fact from parole officers until a urinalysis test determined the truth, was a factor prompting his case management team to voice concern over the potential for harm should he use drugs, drink alcohol and drive..."public protection requires a higher level of supervision and monitoring than can be provided by you living at your own residence.”

 

Fenton, who remains prohibited from driving during his sentence under the terms of his parole, chose not to provide written comments to the board, which noted in the report he himself suggested that he return to a community residential facility.

 

More: https://www.saanichn...-halfway-house/

[sebberry]

The family is likely still grieving in some way and Fenton is back in the community?  

[Spy Black]

The family is likely still grieving in some way and Fenton is back in the community?  

If the kids are anything like my dad, who lost his mother when he was a young boy, they'll grieve for their mother until the day they themselves die.

[pontcanna]

Man Arrested After 10 Robberies In Eight Days

 

Date: Thursday, November 4, 2021 - File: #21-44052

 

Victoria, BC – VicPD officers arrested a man on Tuesday morning who is suspected of committing 10 robberies over the course of eight days across Victoria, Esquimalt, Saanich, and Oak Bay.

 

At approximately 9 a.m. on Tuesday, November 2^nd, VicPD officers responded to a report of an attempted robbery at a grocery store in the 2600-block of Quadra Street. The suspect handed an employee a note demanding money. When the employee refused the suspect fled the store on foot.

 

Shortly after this incident, at approximately 10 a.m., Patrol officers received a report of an attempted robbery at a convenience store in the 400-block of Gorge Road East. The officers learned the suspect had entered the store and demanded money from the clerk before fleeing when he noticed a bystander. He was no longer on scene when officers arrived. The suspect description in this incident matched the description of the suspect from the previous incident.

 

Officers continued to search for the man in the area of the second attempted robbery. Approximately 20 minutes later, an officer saw a person matching the suspect’s description enter a gas station in the 200-block of Gorge Road West in Saanich. Moments later, the man fled from the gas station. He had just committed a third robbery where he obtained cash and cigarettes.

 

Several additional officers attended the scene, including a unit with the Integrated Canine Service. The man was arrested after he attempted to hide in his nearby vehicle. He was transported to VicPD cells where he was held in custody for breaching a conditional sentence order stemming from a June 2021 robbery conviction.

 

Officers believe that this suspect is responsible for a total of 10 robberies across Victoria, Esquimalt, Saanich, and Oak Bay over an eight-day period which began with a robbery in Oak Bay on October 26^th. In addition to the Oak Bay incident, the suspect is believed to have committed five robberies in Victoria, one robbery in Esquimalt, and three robberies in Saanich. Three of the robberies in Victoria, as well as the robbery in Esquimalt, involved the use of a knife to threaten or intimidate employees. No one was physically injured in these incidents.

 

These files remain under investigation.

 

If you have information about any of these incidents, please call our non-emergency line at (250) 995-7654 and press 1 to speak with the Report Desk. To report what you know anonymously, please call Greater Victoria Crime Stoppers at 1-800-222-8477.

 

 

[pontcanna]

Landlord Interrupts Suspect During Residential Break And Enter

 

Date: Thursday, November 4, 2021 - File: #21-44228

 

Victoria, BC – A landlord who observed a suspicious man at his residence on CCTV interrupted a break and enter in progress yesterday afternoon.

 

At approximately 1 p.m. yesterday afternoon Patrol officers responded to a report from tenants in a residence in the 1200-block of Bay Street that a man had smashed a glass window and broken into the landlord’s upstairs suite in the home. While the tenants were reporting the break and enter, the landlord had also observed the suspect on CCTV footage. The landlord returned to the home to find the suspect inside his suite, stealing belongings. The landlord apprehended the suspect, recovered his belongings, and held the man for police.

 

Officers attended and located the suspect with the landlord. Officers took custody of the man without further incident. No one was physically injured.

 

Officers transported the suspect to VicPD cells. The suspect, a 48-year-old man with 12 previous convictions for break and enter, was held in police custody to await a bail hearing. He faces recommended charges of break and enter and theft.

 

This file remains under investigation.

 

CCTV and other camera systems can provide additional security for your residence by providing alerts and livestreams. If you observe someone breaking into your residence via live CCTV, call 911.

 

If you have information about this incident, please call our non-emergency line at (250) 995-7654 and press 1 to speak with the Report Desk. To report what you know anonymously, please call Greater Victoria Crime Stoppers at 1-800-222-8477.

 

[Nparker]

...The man was arrested after he attempted to hide in his nearby vehicle. He was transported to VicPD cells where he was held in custody for breaching a conditional sentence order stemming from a June 2021 robbery conviction....

Catch & release - it really works! 

[Nparker]

...Officers transported the suspect to VicPD cells. The suspect, a 48-year-old man with 12 previous convictions for break and enter, was held in police custody to await a bail hearing...

I'm sorry (not sorry) but with 12 previous CONVICTIONS the "suspect" should not be eligible for bail.