R v VBS (ABCA): Bail pending appeal refused

By |2014-04-23T15:44:46-06:0008/02/2014|Judicial Interim Release|

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 [...]

R v Omeasoo: Sentences for alcoholics who breach abstention conditions should reflect their level of responsibility

By |2016-11-16T20:46:23-07:0013/12/2013|Failure to Comply or Breach, Judicial Interim Release, Procedure and Practice, Sentencing|

Courts, counsel and police officers often struggle with the question of whether to grant release to accused persons on conditions that they abstain from the consumption of alcohol or drugs. Some accused are addicted to the substances they are abusing and compliance is difficult or nearly impossible for them. A recent decision by Judge Rosborough from the Provincial Court of Alberta, R. v. Omeasoo, 2013 ABPC 328, provides some guidance on this, and also discusses the sentencing of offenders who have breached abstinence conditions. Judge Rosborough's comments came in written reasons for sentences his Honour had previously imposed on two individuals. One of the offenders had been sentenced to one day in gaol (having served 6 days in custody since her arrest). The second had been sentenced to a $100 fine, with waiver of the victim fine surcharge. At the time of the second offender's sentencing, he was already serving a 30 day sentence for several other breaches, which were all related to alcohol. Both of the offenders, Omeasoo and Okeynan, were aboriginal persons with long histories of alcoholism and [...]

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