Accused convicted of second degree murder following a jury trial. 12 year parole ineligibility period set. Accused, along with others, participated in a swarming beating death. Application for bail pending appeal. No record. Court concluded that appeal was not frivolous and accused was not a flight risk. Issue regarding public confidence test.

Held: Bail denied.

“A fair-minded citizen, who is thoughtful, dispassionate, informed of the circumstances of this case and respectful of society’s values, would say that while the appellant may not be a flight risk or a danger to the public and his grounds of appeal may have merit, the appellant’s continued detention is necessary until the validity of the jury’s verdict can be reviewed … a jury found beyond a reasonable doubt that the appellant participated in the swarming.”

B. Der – Defence Counsel