August 18th, 2017

R v DRS, 2017 Court Of Appeal (Calgary) per Rowbotham, JA:

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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 … Read More.

May 12th, 2017

R v Laczo, 2017 ABCA 142 per Schutz, JA:

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Application for bail pending appeal from an aggravated assault conviction. Accused previously denied bail pending. Argument that the recent decision in Oland, 2017 SCC 17 warranted reconsideration of the bail denial. Change in circumstance as well, as the accused’s girlfriend had relocated to British Columbia. Held: Application dismissed. “In my view, public interest remains of … Read More.

March 21st, 2017

R v Paulos, 2017 ABCA 77 per McDonald, JA:

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Application for bail pending appeal following sexual assault conviction. Sexual assault occurred while accused was working as a taxi driver, and the complainant was an intoxicated fare. Issue regarding the public interest test. 4 year sentence. Held: Bail denied. Although the appeal was not frivolous, it was not strong. On the facts found at trial, … Read More.

March 2nd, 2017

R v Gonzales, 2017 ABCA 65 per Rowbotham, JA:

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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 … Read More.