Application for bail pending appeal following conviction for second degree murder. Accused convicted at trial on the basis of eye-witness evidence, as well as other circumstantial evidence.
Held: Application denied.
Accused established that the appeal was not frivolous, and that he would surrender himself into custody. However, detention necessary in the public interest. “The presumption is that he committed murder. And although the finding of guilt is being challenged, I think an ordinary, fair-minded member of society, informed of legislative and Charter values, would be of the view that detention of those convicted of murder pending appeal is ordinarily necessary in order to maintain public confidence in the administration of justice.”
B. Der – Defence Counsel