Bail on Appeal

AuthorGary T Trotter
Pages81-92
81
CHAPTER 8
Bail on Appeal
1. INTRODUCTION
Another bail tale might have been included at the beginning of this
book — that of a person who goes on trial for a serious oence, gets
convicted and then sentenced to jail, only to be released by the court
of appeal the next day or even later the same day! is scenario
causes frustration and anger for some people. When we are talking
about victims and their fa milies, this reaction is understandable. But
to those who are more removed from the situation (i.e., members of
the general public), it should not be so concerning when the process
is properly understood. And contrary to popular belief, it rarely hap-
pens in homicide cases. So, let’s see how it works.
2. THE THEORY AND THE PRACTICE
e Criminal Code provides that anyone who is found guilty and sen-
tenced may appeal the conviction(s) and/or sentence to the court of
appeal of the province in which the ca se was conducted.1 ree judges
of an appeal court hear criminal appeals.2 If the sentence involved
imprisonment, a single judge of the court of appeal decides whether
there should be bail until the appea l is heard.
But once a person is convicted, i sn’t the
presumption of innocen ce out the window?
Isn’t there a presumption of guilt?
Once again, unfortunately, I am going to have to say
“yes and no.” Upon a nding of guilt, the presumption of

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT