Application for bail pending appeal following a conviction for second degree murder. At trial, defence relied upon the battered wife syndrome, and called expert evidence in support of the defence. The Crown called an expert in rebuttal, however, never provided any form of s. 657.3(3) CC notice. Issue on appeal will be whether or not the accused was denied a fair trial due to the Crown’s failure to provide expert notice.
Held: Bail granted.
“Not frivolous” test met as per Passey, 1997 ABCA 343. Defence established that the appeal “would not necessarily fail”. Arguable merit to the issue as to whether the Crown had a statutory and/or constitutional obligation to comply with 657.3 CC notwithstanding that the expert was called in rebuttal.
Beresh, N. Whitling – Defence Counsel