Bail Pending Appeal

Today’s decision in R. v. Broomfield, 2010 ONCA 558 contains a useful summary of the law relating to bail pending appeal:

 

[2]               The Crown concedes that the appeal is not frivolous, and does not dispute that the applicant will surrender herself into custody in accordance with the terms of any judicial interim release order made pending appeal.  In addition, the applicant, a 26 year old first offender, submits that she has employment available to her if she is released pending her appeal.

[3]               The issue in this case is whether the applicant has established that her detention is not necessary in the public interest.  The public interest relates to the need to maintain confidence in the administration of justice by enforcing the judgment balanced against the need to review the judgment to ensure that no person has been wrongly or unfairly convicted.  Appellate courts have recognized that, where the grounds of appeal are strong and there is serious concern about the accuracy of the verdict, the public interest may favour release notwithstanding the seriousness of the offences involved: See R. v. Baltovich (2000), 144 C.C.C. (3d) 233 (Ont. C.A.) at para. 20.  As a result, the strength of the grounds of appeal is central to my decision whether or not to grant the application.