R. v. Bath (S.S.),

JurisdictionBritish Columbia
JudgeBauman
Neutral Citation2013 BCCA 332
Subject MatterCRIMINAL LAW
Citation(2013), 341 B.C.A.C. 119 (CA),2013 BCCA 332,341 BCAC 119,(2013), 341 BCAC 119 (CA),341 B.C.A.C. 119
Date19 July 2013
CourtCourt of Appeal (British Columbia)

R. v. Bath (S.S.) (2013), 341 B.C.A.C. 119 (CA);

    582 W.A.C. 119

MLB headnote and full text

Temp. Cite: [2013] B.C.A.C. TBEd. JL.039

Regina (respondent) v. Sikander Singh Bath (applicant)

(CA039857; 2013 BCCA 332)

Indexed As: R. v. Bath (S.S.)

British Columbia Court of Appeal

Bauman, C.J.B.C.

July 19, 2013.

Summary:

The accused was convicted of six counts of fraud in connection to claiming false GST rebates. He was sentenced to 4.5 years. He appealed his convictions and sentence. After receiving bail pending appeal and extensions, his last request for an extension was denied. The accused applied under s. 680(1) of the Criminal Code for a direction that the order denying his release be reviewed by a division of the Court of Appeal.

The British Columbia Court of Appeal, per Bauman, C.J.B.C., dismissed the application. The court was not convinced that a reviewing division could possibly come to a different decision.

Criminal Law - Topic 3304.1

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to maintain confidence in the administration of justice - See paragraphs 1 to 13.

Criminal Law - Topic 3310

Compelling appearance - Detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - See paragraphs 1 to 13.

Cases Noticed:

R. v. Porisky (R.A.) et al., [2012] B.C.A.C. Uned. 61; 2012 BCCA 371, refd to. [para. 8].

R. v. Gill (P.S.), [2001] B.C.A.C. Uned. 129; 2001 BCCA 569, refd to. [para. 8].

R. v. Wilder (D.M.), [2007] B.C.A.C. Uned. 120; 2007 BCCA 446, refd to. [para. 8].

R. v. K.M.E. (1998), 105 B.C.A.C. 151; 171 W.A.C. 151 (C.A.), refd to. [para. 10].

Counsel:

B.R. Anderson, for the applicant;

W.P. Riley and R.D. Leong, for the respondent.

This application was heard by way of written submissions, by Bauman, C.J.B.C., of the British Columbia Court of Appeal, who delivered the following decision at Vancouver, B.C., on July 19, 2013.

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1 practice notes
  • Review of Judicial Interim Release Orders
    • Canada
    • Irwin Books The Anatomy of Criminal Procedure. A Visual Guide to the Law Preliminary matters Judicial Interim Release
    • 15 June 2019
    ...possibly reach a different conclusion from that of the judge” who decided bail: R v K(RW) , 2013 BCCA 387 at para 4. See also R v Bath , 2013 BCCA 332 at paras 8–9; R v Porisky , 2012 BCCA 371 at para 7; R v Wilder , 2007 BCCA 446 at para 4. Between the higher and lower ends of the spectrum......
1 books & journal articles
  • Review of Judicial Interim Release Orders
    • Canada
    • Irwin Books The Anatomy of Criminal Procedure. A Visual Guide to the Law Preliminary matters Judicial Interim Release
    • 15 June 2019
    ...possibly reach a different conclusion from that of the judge” who decided bail: R v K(RW) , 2013 BCCA 387 at para 4. See also R v Bath , 2013 BCCA 332 at paras 8–9; R v Porisky , 2012 BCCA 371 at para 7; R v Wilder , 2007 BCCA 446 at para 4. Between the higher and lower ends of the spectrum......

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