R. v. C.D.B.,

• Jurisdiction: Yukon
• Judge: Gower
• Neutral Citation: 2006 YKCA 8
• Subject Matter: CRIMINAL LAW
• Date: 23 June 2006
• Court: Court of Appeal (Yukon Territory)
• Citation: 2006 YKCA 8,(2006), 233 B.C.A.C. 1 (YukCA),233 BCAC 1,(2006), 233 BCAC 1 (YukCA),233 B.C.A.C. 1

R. v. C.D.B. (2006), 233 B.C.A.C. 1 (YukCA);

    386 W.A.C. 1

MLB headnote and full text

Temp. Cite: [2007] B.C.A.C. TBEd. JA.023

Her Majesty The Queen (respondent) v. C.D.B. (appellant)

(S.C. No. 05-YU557; 2006 YKCA 8)

Indexed As: R. v. C.D.B.

Yukon Court of Appeal

Gower, J.(ad hoc)

June 23, 2006.

Summary:

The accused was convicted of two counts of sexual assault. He also pleaded guilty to one count of assault. He was sentenced to 21 months' imprisonment for each of the sexual assaults (concurrent) and one month's imprisonment for the assault (consecutive) for a total sentence of 22 months' imprisonment. The accused appealed the sentence for the sexual assaults. The accused applied for release pending his appeal.

The Yukon Court of Appeal, per Gower, J.(ad hoc), allowed the application.

Editor's Note: certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary for protection of public (i.e., secondary ground) - An accused appealed his sentence for the sexual assaults and applied for release pending his appeal - The Yukon Court of Appeal, per Gower, J.(ad hoc), allowed the application - The appeal had merit - If the accused was detained pending the appeal, his right of appeal would be rendered futile or nugatory and unnecessary hardship would result - Although the accused had an extensive criminal record which included 17 convictions for breaching court orders and there were concerns about the risk to the public and whether he would surrender himself into custody, the court gave him credit for the lengthy period of sobriety following his last conviction for violating a court order in December 2001 - Further, the proposal was to release him to a recognized facility in Whitehorse which had little or no tolerance for breaches of its rules - Also, Whitehorse was not so large that the accused could long escape the RCMP's detention or detection - The public interest could be satisfied by imposing appropriately strict conditions.

Criminal Law - Topic 3303

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to ensure attendance (i.e., primary ground) - [See Criminal Law - Topic 3301 ].

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary in the public interest - [See Criminal Law - Topic 3301 ].

Criminal Law - Topic 3307

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - Conditions of - [See Criminal Law - Topic 3301 ].

Criminal Law - Topic 3309

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - When available - [See Criminal Law - Topic 3301 ].

Cases Noticed:

R. v. Dibbs, 2006 YKCA 03, refd to. [para. 5].

R. v. G.C.S., [1998] Y.J. No. 77 (C.A.), refd to. [para. 10].

R. v. Collinson, 2005 YKCA 01, dist. [para. 23].

Counsel:

David McWhinnie, for the respondent;

Keith Parkkari, for the appellant.

This application was heard by Gower, J.(ad hoc), of the Yukon Court of Appeal, who delivered the following memorandum of judgment orally on June 23, 2006.