The Appellant was convicted after trial for sexual interference involving a 9 year old student. The Appellant retained Mr. Royer for the appeal. The first step in the appeal process is for bail pending appeal
Nature of Argument
The requirements for bail pending a conviction are that the Appellant show on a balance that the appeal is not frivolous, that the applicant will turn himself in if required, and that the appellant’s detention is not required in the public interests.
Ruling
The Appellant argued that his appeal is strong and pointed out the problems that the trial judge had in the application of the law to the facts, including failing to consider relevant evidence inconsistent with the evidence of the complainant. The Appellant pointed to his age, his ability to abide by conditions and his previous good character as a basis for finding he was not going to breach his conditions, nor given the strength of the grounds of appeal, and his previous character was his detention needed for the public’s confidence in the judicial system.
Bail was granted.