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 it is necessary to detain the appellant to maintain the public’s confidence in the administration of justice”.
Held: Bail denied.
Primary grounds of appeal related to trial judge’s rejection of defence argument that one of two other individuals had committed the murder. However, the third party suspects testified, and were believed by the trial judge. The appeal “faces significant hurdles”. Given the exceptionally serious nature of the offence under appeal, “the public interest in enforceability is high”.
N. Whitling – Defence Counsel