R. v. Foster (D.), (1994) 120 Sask.R. 320 (CA)

• Judge: Jackson, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: May 30, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 120 Sask.R. 320 (CA)

R. v. Foster (D.) (1994), 120 Sask.R. 320 (CA);

    68 W.A.C. 320

MLB headnote and full text

Dennis Foster (appellant) v. Her Majesty the Queen (respondent)

(6319)

Indexed As: R. v. Foster (D.)

Saskatchewan Court of Appeal

Jackson, J.A.

May 30, 1994.

Summary:

The accused was convicted of five sexual assaults spanning a sixteen year period. He appealed. He sought judicial release pending the appeal.

The Saskatchewan Court of Appeal, per Jackson, J.A., dismissed the application.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending appeal - Detention necessary in the public interest - The 54 year old accused was convicted of five sexual assaults spanning a sixteen year period - He sought judicial release pend­ing his appeal - The factual findings at trial demonstrated a history of abuse and in­timidation - The Saskatchewan Court of Appeal declined to grant judicial release - The court was unable to conclude that detention was not necessary in the public interest, where the time span and the nature of the abuse raised concerns for the public safety and his release might "under­mine public confidence in, and respect for, the court and for the administration and enforcement of criminal law" - See para­graphs 4 to 6.

Cases Noticed:

R. v. Demyen (1975), 26 C.C.C.(2d) 324 (Sask. C.A.), refd to. [para. 3].

R. v. Davis (1976), 1 A.R. 534; 32 C.C.C.(2d) 526 (C.A.), refd to. [para. 5].

R. v. Branco (C.) (1993), 35 B.C.A.C. 201; 57 W.A.C. 201; 25 C.R.(4th) 370 (C.A.), refd to. [para. 6].

R. v. Farinacci (L.W.) et al. (1993), 67 O.A.C. 197; 109 D.L.R.(4th) 97 (C.A.), refd to. [para. 6].

R. v. Sutherland (D.) (1994) 120 Sask.R. 94; 68 W.A.C. 94 (C.A.), refd to. [para. 6].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 679, sect. 679(3) [para. 1].

Counsel:

D. Murray Brown, Q.C., for the Crown;

K. Jaques, for the appellant.

This application was heard on May 30, 1994, in Chambers, before Jackson, J.A., of the Saskatchewan Court of Appeal, who delivered the following judgment.