R. v. Baker (N.J.), (2003) 220 N.S.R.(2d) 28 (CA)

• Judge: Oland, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: December 18, 2003
• Jurisdiction: Nova Scotia
• Citations: (2003), 220 N.S.R.(2d) 28 (CA);2003 NSCA 149

R. v. Baker (N.J.) (2003), 220 N.S.R.(2d) 28 (CA);

 694 A.P.R. 28

MLB headnote and full text

Temp. Cite: [2003] N.S.R.(2d) TBEd. DE.046

Neil James Baker (appellant/applicant) v. Her Majesty The Queen (respondent)

(CAC 202595; 2003 NSCA 149)

Indexed As: R. v. Baker (N.J.)

Nova Scotia Court of Appeal

Oland, J.A.

December 18, 2003.

Summary:

The accused was convicted by a jury of sexual assault and sexual exploitation. He was sentenced to concurrent sentences of 2.5 years' imprisonment (see 215 N.S.R.(2d) 197; 675 A.P.R. 197). The accused appealed. The accused applied under s. 679 of the Criminal Code for interim release pending determination of his appeal. The appeal had been heard and judgment was reserved.

The Nova Scotia Court of Appeal, per Oland, J.A., granted interim release pending delivery of judgment on the appeal.

Criminal Law - Topic 3310

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - An accused appealed convictions for sexual assault and sexual exploitation - The Court of Appeal heard the appeal and reserved judgment - Prior to judgment being handed down, the accused applied to a single appellate court judge under s. 679 of the Criminal Code for interim release pending "determination of his appeal" - The Crown questioned whether a single appellate court judge could hear the application where a panel of the court had already heard the appeal - The Nova Scotia Court of Appeal, per Oland, J.A., in granting interim release, stated that "an appeal is not determined until the decision is released and consequently a single judge has jurisdiction to hear a s. 679 application. My comments however are not intended to be binding should the Crown or any other party raise this argument in more substantive terms in another proceeding." - See paragraphs 1 to 3.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 679 [para. 4].

Counsel:

Jill A. Lacey, for the appellant;

Peter Rosinski, for the respondent.

This application was heard on December 18, 2003, at Halifax, N.S., in Chambers before Oland, J.A., of the Nova Scotia Court of Appeal, whose oral judgment of December 18, 2003, was released in writing on December 23, 2003.