July 12th, 2017
Application for bail pending appeal following a judge alone conviction for second degree murder. “Much like the appellant in R v Oland, 2017 SCC 17 … there is no question the appellant meets the first two criteria for bail pending appeal set out in s 679(3) of the Criminal Code … At issue is whether … Read More.
April 21st, 2017
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. … Read More.
January 5th, 2017
Application for bail pending appeal. Accused convicted of real estate fraud following a year long jury trial. 7 year sentence imposed. Accused had been on bail throughout the trial. Held: Application granted. As per Sidhu, 2015 ABCA 308 the public interest test involves a balancing of the interest in immediately enforcing a conviction against the … Read More.
November 23rd, 2016
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 … Read More.
November 3rd, 2016
Application for bail pending appeal. Accused convicted of aggravated assault and was sentenced to 5 years jail. Unreasonable verdict appeal. Held: Bail denied. “As to the issue of public respect, this Court ought to grant judicial interim release unless some factor would cause ordinary, reasonable, fair-minded members of society … to believe that detention is … Read More.