Application for bail pending appeal following sexual assault conviction. 3 year sentence. Issue regarding proper interpretation of the “public interest component”.
Held: Bail granted.
As per Rhyason, 2006 ABCA 120: “Where the circumstances of the offence indicate little threat to public safety, an arguable appeal is enough to grant interim release … where there is a moderate public interest to enforce a conviction, the strength of the appeal must be stronger than ‘not frivolous’, and where there is a compelling public interest the strength of the appeal should be considerably stronger. It follows that finding that an appeal has a ‘good prospect of success’ may be enough to overcome a concern for the protection of the public, but not enough to overcome a compelling concern for public safety.”
N. Whitling, Defence Counsel