CITATION: R. v. Bowles, 2010 ONCA 325
DATE: 20100503
DOCKET: C51793, M38688
COURT OF APPEAL FOR ONTARIO
Sharpe, Blair and MacFarland JJ.A.
BETWEEN
Her Majesty The Queen
Applicant (Respondent on Appeal)
and
Gavin Bowles
Respondent (Appellant on Appeal)
J. Di Luca, for the appellant
Riun Shandler, for the respondent
Heard: April 27 and 30, 2010
On appeal from the judgment of Justice C. Rolland Harris of the Ontario Court of Justice dated August 9, 2007.
APPEAL BOOK ENDORSEMENT
[1] The Crown moves to quash this appeal from a NCR verdict on a dual procedure offence. The matter started as a fitness hearing. It proceeded without election by the Crown or the counsel as to the mode of trial and without arraignment or plea to an NCR verdict.
[2] In the context of this apparently flawed record, it cannot be determined or presumed that the Crown proceeded summarily. Accordingly, the Mitchell line of cases has no application and the application to quash the appeal must be dismissed.
[3] The Crown concedes that given the procedural flaws that led to this verdict, the appeal must be allowed, the NCR verdict set aside and a new trial ordered.