R. v. Chu (C.T.), 2009 BCCA 377
Judge | Frankel, J.A. |
Court | Court of Appeal (British Columbia) |
Case Date | August 11, 2009 |
Jurisdiction | British Columbia |
Citations | 2009 BCCA 377;(2009), 275 B.C.A.C. 150 (CA) |
R. v. Chu (C.T.) (2009), 275 B.C.A.C. 150 (CA);
465 W.A.C. 150
MLB headnote and full text
Temp. Cite: [2009] B.C.A.C. TBEd. SE.001
Regina (respondent) v. Chinh Tuong Chu (appellant)
(CA037323; 2009 BCCA 377)
Indexed As: R. v. Chu (C.T.)
British Columbia Court of Appeal
Frankel, J.A.
September 1, 2009.
Summary:
The accused was convicted of robbery, using an imitation firearm while committing a robbery and extortion. He was sentenced to a total of five years' imprisonment. The accused appealed his conviction and applied for interim release pending the hearing of his appeal.
The British Columbia Court of Appeal, per Frankel, J.A., allowed the application and granted bail subject to conditions.
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 3310 ].
Criminal Law - Topic 3310
Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - The accused was convicted of robbery, using an imitation firearm while committing a robbery and extortion - He was sentenced to a total of five years' imprisonment - The accused appealed his conviction and applied for interim release pending his appeal - The sole issue at trial was the identification of the accused as one of the robbers - The British Columbia Court of Appeal, per Frankel, J.A., allowed the application - The accused's appeal was not frivolous - The trial judge appeared to overlook evidence relevant to the victim's credibility - It could not be said that this ground of appeal had no possibility of success - The accused was not a flight risk - He abided by bail conditions for the 4.5 years it took to complete his trial, it was his first conviction and he had ties to the area - The accused's detention pending appeal was not necessary in the public interest - It was not suggested that the accused would re-offend if released - Detention was not necessary for the safety of the public - Releasing the accused on conditions would not adversely affect the public's confidence in the administration of justice - The court ordered his release upon entry into a recognizance in the amount of $5,000, without deposit.
Cases Noticed:
R. v. Silver (D.R.) (2006), 226 B.C.A.C. 107; 373 W.A.C. 107; 2006 YKCA 4, refd to. [para. 20].
R. v. B.S.B. (2008), 263 B.C.A.C. 51; 443 W.A.C. 51; 2008 BCCA 483, refd to. [para. 26].
Counsel:
C.T. Chu, on his own behalf;
W.J.S. Bell, for the respondent.
This application was heard by way of written submissions dated July 31 and August 11, 2009, in Chambers before Frankel, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on September 1, 2009.
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R. v. Porisky (R.A.) et al., 2012 BCCA 371
...in this Court, R. v. B.S.B ., 2008 BCCA 483 at para. 25. That judgment, on this point, has subsequently been referred to in R. v. Chu , 2009 BCCA 377; R. v. Schiel , 2011 BCCA 160, [2011] B.C.J. No. 598; and R. v. Bath , 2012 BCCA 221, [2012] B.C.J. No. 978. [5] This question was recently a......
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R. v. Schiel (A.K.) et al., [2011] B.C.A.C. Uned. 58 (CA)
...the Crown submitted that the appellants had not established that their appeals were not frivolous. As Frankel J.A. noted in R. v. Chu , 2009 BCCA 377 at para. 20: "[20] The burden on an applicant to demonstrate that an appeal is not frivolous is not an onerous one. Apposite is the following......
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R. v. Gingras (J.G.), (2012) 327 B.C.A.C. 136 (CA)
...22, refd to. [para. 18]. R. v. B.S.B. (2008), 263 B.C.A.C. 51; 443 W.A.C. 51; 2008 BCCA 483, not folld. [para. 22]. R. v. Chu (C.T.) (2009), 275 B.C.A.C. 150; 465 W.A.C. 150; 2009 BCCA 377, not folld. [para. R. v. Schiel (A.K.) et al., [2011] B.C.A.C. Uned. 58; 2011 BCCA 160, not folld. [pa......
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R. v. Gingras (J.G.), 2012 BCCA 467
...22]. R. v. Nguyen (Y.V.) (1997), 97 B.C.A.C. 86; 157 W.A.C. 86; 119 C.C.C.(3d) 269 (C.A.), refd to. [para. 26]. R. v. Chu (C.T.) (2009), 275 B.C.A.C. 150; 465 W.A.C. 150; 2009 BCCA 377, refd to. [para. R. v. Pierce (S.D.) (2010), 292 B.C.A.C. 314; 493 W.A.C. 314; 2010 BCCA 491, refd to. [pa......
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R. v. Porisky (R.A.) et al., 2012 BCCA 371
...in this Court, R. v. B.S.B ., 2008 BCCA 483 at para. 25. That judgment, on this point, has subsequently been referred to in R. v. Chu , 2009 BCCA 377; R. v. Schiel , 2011 BCCA 160, [2011] B.C.J. No. 598; and R. v. Bath , 2012 BCCA 221, [2012] B.C.J. No. 978. [5] This question was recently a......
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R. v. Schiel (A.K.) et al., [2011] B.C.A.C. Uned. 58 (CA)
...the Crown submitted that the appellants had not established that their appeals were not frivolous. As Frankel J.A. noted in R. v. Chu , 2009 BCCA 377 at para. 20: "[20] The burden on an applicant to demonstrate that an appeal is not frivolous is not an onerous one. Apposite is the following......
-
R. v. Gingras (J.G.), (2012) 327 B.C.A.C. 136 (CA)
...22, refd to. [para. 18]. R. v. B.S.B. (2008), 263 B.C.A.C. 51; 443 W.A.C. 51; 2008 BCCA 483, not folld. [para. 22]. R. v. Chu (C.T.) (2009), 275 B.C.A.C. 150; 465 W.A.C. 150; 2009 BCCA 377, not folld. [para. R. v. Schiel (A.K.) et al., [2011] B.C.A.C. Uned. 58; 2011 BCCA 160, not folld. [pa......
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R. v. Gingras (J.G.), 2012 BCCA 467
...22]. R. v. Nguyen (Y.V.) (1997), 97 B.C.A.C. 86; 157 W.A.C. 86; 119 C.C.C.(3d) 269 (C.A.), refd to. [para. 26]. R. v. Chu (C.T.) (2009), 275 B.C.A.C. 150; 465 W.A.C. 150; 2009 BCCA 377, refd to. [para. R. v. Pierce (S.D.) (2010), 292 B.C.A.C. 314; 493 W.A.C. 314; 2010 BCCA 491, refd to. [pa......