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 need to ensure that there is a fair review. Factors to consider include: the risk of reoffending, the apparent strength of the appeal, and balancing between: attempting to ensure that a sentence is not served that might ultimately be overturned, and the importance of respecting the trial decision.
N. Whitling – Defence Counsel