Now these high-powered legal strategies often go right over my head but I have to admit that I can't see the point of appealing your conviction when your sentence is almost finished. And he ran into the same snag we've mentioned on the Dean Clifford discussion. If you appeal a conviction the court rules require you to provide the appeal court with a copy of your trial transcript. But Joe, being way ahead of me in his knowledge of legal loopholes, found a way around this. Demand that your appeal be heard by a non-existent court with non-existent rules! Sadly the real court didn't buy it.[1] NEWBURY J.A.: Mr. zombori was convicted by a jury on April 10, 2014 of the production of marihuana, possession of marihuana for the purpose of trafficking, and wilful interference with the lawful use of property. On February 26, 2015 he was sentenced to a term of 18 months’ imprisonment, a probation term of six months and the forfeiture of certain property.
[2] Almost a year after his conviction, Mr. zombori filed a notice of appeal (from conviction and sentence) and notice of an application to extend time for the filing of the notice of appeal. In accordance with this court's practice, he was notified by the Registrar of certain deadlines that became applicable to his appeal – the filing of a transcript by May 5, 2015, the filing and serving of a transcript and appeal book by June 30, the filing and serving of his factum by October 20 and the hearing of the appeal no later than April 7, 2016.
[3] The case was referred to case management and at a case management session, Madam Justice Neilson on June 24, 2015 urged him to apply for legal aid and to consider making an application under s. 684 of the Criminal Code, R.S.C. 1985, c. C-46, for the appointment of counsel. At a second case management session on July 24, Mr. zombori told the judge that he would not be applying for legal aid or for the appointment of counsel; nor did he wish to be represented by counsel. He asserted at that time that the Court did not have jurisdiction in respect of the offences for which he was convicted and that he would be filing materials challenging the Court's jurisdiction in due course.
Maybe he should try again at the Court of King's Bench.[6] Today, he has reiterated the position he outlined to Madam Justice Bennett, namely that the Court has, and the Supreme Court of British Columbia had no jurisdiction over him, and that these proceedings are a matter for a court of Equity. As I understand it, he says he has equitable rights arising out of a “private trust” that is cognizable only in Equity and that the Crown had no right to charge him with the offences. He also says “this” is a private matter and that the proceedings are irreparably damaging, either to his rights or those of the beneficiary of the trust (I am not quite sure which it is.) We attempted, without success, to explain to Mr. zombori that there is no longer an exclusive court of Equity in this Province, and that the Supreme Court now exercises both equitable and legal jurisdiction. It was in the Supreme Court, of course, that he was convicted.
[7] Mr. zombori’s submissions are, I must say, entirely without merit and leave no hope that he intends to pursue an appeal. He has no intention of obtaining a transcript or filing appeal books as required by the Rules, nor of obtaining counsel who might put forward an argument that might have some merit. No reason having been given as to why further extensions of time should be granted, I conclude that the appeal must be dismissed as abandoned.
[10] NEWBURY J.A.: The appeal is dismissed as abandoned.
R. v. zombori, 2016 BCCA 9
http://canlii.ca/t/gnd6s