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 required to maintain public confidence in the administration of justice.” Court required to balance the need to enforce judgments with the need to ensure fair review. Relevant factors include: likelihood of success of appeal, length of appellate delay, and the length of the sentence. Test not met. The aggravated assault was described by the trial judge as a near killing. The interests of justice militated in favour of continued detention.
S. Kurie – Defence Counsel