Accused convicted of sexual assault following trial. Consent issue. Complainant was severely intoxicated. Trial judge found that accused did not take reasonable steps to determine consent. 2.5 year sentence. Accused sought bail pending appeal.
Held: Application denied.
Not frivolous test met, as was the surrender into custody requirement. However, bail denied as a matter of public interest. The Court is required to balance the need to enforce judgments with the need to ensure fair review: Sidhu, 2015 ABCA 308. “The public interest … is at least moderate if not compelling. The circumstances of this offence … raise the spectre of a gang rape … this appeal does not have the prospect of success which would outweigh the public’s interest in enforcement of the sentence pending appeal.”
C. Hooker – Defence Counsel