Application for bail pending conviction appeal. Accused (unrepresented at trial) was convicted of sexual assault and sentenced to 8 years jail. Counsel was appointed at trial to cross-examine the complainant as per s 486.3 CC. Accused did not testify at trial, and believed that his statement to police (a denial) would be evidence considered by the judge. Accused alleged that the appointed counsel failed to give him adequate and correct advice.

Held: Bail granted.

A commissioner had been appointed to inquire into the accused’s assertions that he did not receive adequate advice about whether to testify. “In my view, the appeal is not frivolous, particularly in light of the applicant’s failure to testify and his misunderstanding regarding his police interview”. Possible miscarriage of justice.

N. Rodych – Defence Counsel