Court won’t get man lawyer for his appeal

Man denied legal aid wanted court to appoint a lawyer to his case

A man who wants to appeal his 3.5-year sentence for assaulting his girlfriend won’t be entitled to have a lawyer appointed to his case, the BC Court of Appeal has ruled.

Shaun Costello applied for a court-ordered attorney after his application for funding from the Legal Services Society failed.

In her written judgment, Appeals court Justice Joyce DeWitt-Van Oosten wrote that she could not find any major errors in Costello’s sentencing decision.

“I note that LSS denied Mr. Costello funding on grounds that the appeal carries no prospect of success … I am not persuaded that the interests of justice favour the appointment of counsel in this matter,” she wrote.

Costello pleaded guilty on July 6 to aggravated assault and was sentenced on July 24.

Though provoked, the judge found Costello’s response to be excessive.

Costello has a long criminal record and history of mental-health issues, including anxiety and depression.

He disputed the victim’s injury claims, expressed remorse and claimed later his lawyer’s representation at sentencing was ineffective.

DeWitt-Van Oosten said the Crown had no position on whether Costello should be granted a lawyer, but did advise it could find no major errors in the trial judge’s ruling.

DeWitt-Van Oosten noted the 3.5-year sentence was substantial, but “in light of the inherent seriousness of the offence and his criminal record, including prior convictions for violence, I see little merit in the appeal.

“As a whole, I am not persuaded that the interests of justice favour the appointment of counsel in this matter,” she concluded.