R. v. Griffin (T.M.), (2001) 156 Man.R.(2d) 106 (CA)

• Judge: Monnin, J.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 19, 2001
• Jurisdiction: Manitoba
• Citations: (2001), 156 Man.R.(2d) 106 (CA);2001 MBCA 67

R. v. Griffin (T.M.) (2001), 156 Man.R.(2d) 106 (CA);

    246 W.A.C. 106

MLB headnote and full text

Temp. Cite: [2001] Man.R.(2d) TBEd. MY.020

Her Majesty The Queen (respondent) v. Thomas Murray Griffin (accused/applicant)

(AR 01-30-04890; 2001 MBCA 67)

Indexed As: R. v. Griffin (T.M.)

Manitoba Court of Appeal

Monnin, J.A.

April 27, 2001.

Summary:

The accused was charged with first degree murder for the 1979 death of the victim. The Crown's case was based on the accused's admission of the crime during the course of a lengthy undercover police investigation specifically designed for that purpose. At trial, the accused admitted to confessing to the murder, but submitted that he did so solely to impress the undercover officers to convince them to let him join their criminal organization.

The Manitoba Court of Queen's Bench, in a judgment reported 154 Man.R.(2d) 1, found the accused guilty of the included offence of second degree murder. The court stated that while the court had concerns about the conduct and tactics of the under­cover operation, the operation was, in totali­ty, neither contrary to the law nor so offen­sive that the confession should be excluded. The confession was reliable. However, the Crown failed to prove beyond a reasonable doubt the necessary planning and delibera­tion necessary for first degree murder. The accused appealed his conviction and applied for judicial interim release pending the appeal.

The Manitoba Court of Appeal, per Mon­nin, J.A., dismissed the application. The accused's appeal was not frivolous and the court was satisfied that the accused would surrender himself into custody. However, the accused's detention was necessary in the public interest (Criminal Code, s. 679(3)(c)).

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 - An ac­cused convicted of second degree murder appealed his conviction and applied for judicial interim release pending the appeal - The contentious issue was whether the accused's continued detention was neces­sary in the public interest (Criminal Code, s. 679(3)(c)) - The Manitoba Court of Appeal, per Monnin, J.A., held that the accused's continued detention was neces­sary in the public interest - The court noted that unlike a pre-trial application, the accused applied as a convicted criminal without the presumption of innocence - Absent "exceptional circumstances", the public interest required that convicted murderers be detained pending their ap­peal.

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. Jack (1990), 69 Man.R.(2d) 5 (C.A.), refd to. [para. 9].

R. v. Khan (M.A.) (1998), 131 Man.R.(2d) 70; 187 W.A.C. 70 (C.A.), refd to. [para. 9].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 679(3) [para. 6].

Counsel:

S.B. Simmonds, for the applicant;

G.A. Lawlor, for the respondent.

This application was heard on April 19, 2001, in Chambers, before Monnin, J.A., of the Manitoba Court of Appeal, who deliv­ered the following judgment on April 27, 2001.