R v VBS (ABCA): Bail pending appeal refused
VBS was found guilty of assault and sexual interference on the daughter of a family friend. The victim was 10 to 12 years old at the time of the assaults. 15 to 20 assaults were found to have occurred by the trial judge. He was sentenced to three years imprisonment. VBS filed an appeal which challenged the findings of credibility of the trial judge and her interpretation of the evidence. Section 679(3) of the Criminal Code provides that release pending appeal may be granted where the appellant shows that: (a) the appeal or application for leave to appeal is not frivolous; (b) the applicant would surrender themselves into custody when required according to the terms of release; and (c) the detention is not necessary in the public interest. There is a residual discretion in the court to refuse to grant judicial interim release pending the appeal even where the statutory criteria are met. Mr. Justice McDonald, hearing the application for judicial interim release pending appeal from VBS in this case found that, though the grounds [...]