Court of Appeal for Ontario
Date: 2019-06-21 Docket: C62273
Judges: Benotto, Miller and Trotter JJ.A.
Between
Her Majesty the Queen Respondent
and
Kimberly Scantlebury Appellant
Counsel
Lisa Jorgensen, for the appellant
Jeremy Tatum, for respondent
Hearing and Lower Court Decision
Heard: June 20, 2019
On appeal from: The decision of Justice M. Omatsu of the Ontario Court of Justice, dated November 26, 2015.
Appeal Book Endorsement
[1] The Crown concedes that the appellant was deprived of a fair hearing since the appeal judge did not provide appropriate assistance to her self-represented party.
[2] We are not in a position to make the factual findings necessary to conduct the appeal. The appeal is allowed and the matter is remitted back to the Ontario Court of Justice for an appeal as to sentence.