R. v. D.H.S., 2009 SKCA 84

• Judge: Jackson, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: July 22, 2009
• Jurisdiction: Saskatchewan
• Citations: 2009 SKCA 84;(2009), 337 Sask.R. 92 (CA)

R. v. D.H.S. (2009), 337 Sask.R. 92 (CA);

    464 W.A.C. 92

MLB headnote and full text

Temp. Cite: [2009] Sask.R. TBEd. AU.002

D.H.S. (appellant) v. Her Majesty The Queen (respondent)

(1679; 2009 SKCA 84)

Indexed As: R. v. D.H.S.

Saskatchewan Court of Appeal

Jackson, J.A.

July 22, 2009.

Summary:

The accused was convicted of two sexual offences against his step-daughter and sentenced to four years' imprisonment. He appealed his conviction and applied under s. 679 of the Criminal Code for judicial interim release pending the hearing of his appeal.

The Saskatchewan Court of Appeal, per Jackson, J.A., denied release on the ground that his continued detention was necessary in the public interest.

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 3304

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary in the public interest - The accused was convicted of two sexual offences against his step-daughter and sentenced to four years' imprisonment - He appealed his conviction and applied under s. 679 of the Criminal Code for judicial interim release pending the hearing of his appeal - The Saskatchewan Court of Appeal denied release on the ground that his continued detention was necessary in the public interest - Detention was not necessary to ensure attendance and although the self-represented accused's appeal was not frivolous, his grounds of appeal were not strong - After considering the nature and circumstances of the offences, including the abuse of trust, the lack of strength of the grounds of appeal, the circumstances of the accused, the possible timing of the appeal and the impact of the accused's release on the confidence of the public in the administration of justice, the accused's continued detention was required - The court stated that "I cannot say, at this stage, that the strength of the sole ground of appeal overcomes the factors that militate against release. Having regard for the standard of appellate review, the ground of appeal is not strong, and the offence, correspondingly, is serious".

Criminal Law - Topic 3310

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - [See Criminal Law - Topic 3304 ].

Cases Noticed:

R. v. Demyen (1975), 26 C.C.C.(2d) 324 (Sask. C.A.), refd to. [para. 8].

R. v. Foster (D.) (1994), 120 Sask.R. 320; 68 W.A.C. 320 (C.A.), refd to. [para. 8].

R. v. L.S.R. (2008), 311 Sask.R. 142; 428 W.A.C. 142; 2008 SKCA 77, refd to. [para. 10].

R. v. Toy (K.O.) (2009), 331 Sask.R. 1; 460 W.A.C. 1; 2009 SKCA 32, refd to. [para. 10].

R. v. Farinacci (L.W.) et al. (1993), 67 O.A.C. 197; 109 D.L.R.(4th) 97 (C.A.), refd to. [para. 10].

R. v. Quinn (K.), [2009] B.C.A.C. Uned. 45; 2009 BCCA 226, refd to. [para. 10].

R. v. Hayre (H.S.) (2009), 271 B.C.A.C. 177; 458 W.A.C. 177; 2009 BCCA 247, refd to. [para. 10].

R. v. Le (T.D.) (2009), 236 Man.R.(2d) 225; 448 W.A.C. 225; 2009 MBCA 35, refd to. [para. 10].

R. v. Drouin, [1994] S.J. No. 350 (C.A.), refd to. [para. 11].

R. v. Steele (M.D.) (1999), 189 Sask.R. 144; 216 W.A.C. 144 (C.A.), refd to. [para. 11].

Counsel:

D.H.S., on his own behalf;

Dean Sinclair, for the Crown.

This application was heard via telephone on July 22, 2009, before Jackson, J.A., of the Saskatchewan Court of Appeal, who delivered the following judgment orally on July 22, 2009, and filed in writing on July 28, 2009.