R. v. Jack (B.G.), (1990) 69 Man.R.(2d) 5 (CA)

• Judge: Philp, J.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 29, 1990
• Jurisdiction: Manitoba
• Citations: (1990), 69 Man.R.(2d) 5 (CA)

R. v. Jack (B.G.) (1990), 69 Man.R.(2d) 5 (CA)

MLB headnote and full text

Her Majesty The Queen (respondent) v. Brian Gordon Jack (accused/applicant)

(Suit No. 403/90)

Indexed As: R. v. Jack (B.G.)

Manitoba Court of Appeal

Philp, J.A.

November 29, 1990.

Summary:

The accused appealed from conviction for the second degree murder of his wife. The accused applied under s. 679(3) of the Criminal Code for release pending appeal.

A judge of the Manitoba Court of Appeal dismissed the application.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release of accused pending appeal - Detention necessary in the public interest - A judge of the Manitoba Court of Appeal stated that in determining the public interest on an application for release pending appeal from conviction, the court should consider that the applicant is a convicted criminal, no longer clothed with the presumption of innocence - See paragraph 6.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release of accused pending appeal - Detention necessary in the public interest - The accused was convicted of the second degree murder of his wife - Her body was never found - The circumstances of the crime captured the attention and interest of the public - A judge of the Manitoba Court of Appeal held that to release the accused pending appeal from conviction might cause reasonably-minded persons to lose their confidence in the administration of the criminal justice system.

Cases Noticed:

R. v. Demyen (1975), 26 C.C.C.(2d) 324 (Sask. C.A.), refd to. [para. 6].

R. v. Kingwatsiak (1976), 31 C.C.C.(2d) 213 (Sask. Q.B.), refd to. [para. 7].

R. v. Desjarlais (1984), 28 Man.R.(2d) 153, refd to. [para. 7].

R. v. Davis (1976), 1 A.R. 534; 32 C.C.C.(2d) 526 (C.A.), refd to. [para. 10].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 679(3) [paras. 2, 6].

Counsel:

R.J. Wolson and J.A. McAmmond, for the applicant;

B.R. Kaplan, for the respondent.

This application was heard before Philp, J.A., of the Manitoba Court of Appeal on November 29, 1990, in Chambers. The decision of Philp, J.A., was delivered on November 29, 1990.