R. v. L.D.W, (2000) 199 Sask.R. 46 (CA)

• Judge: Tallis, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 23, 2000
• Jurisdiction: Saskatchewan
• Citations: (2000), 199 Sask.R. 46 (CA);2000 SKCA 80

R. v. L.D.W (2000), 199 Sask.R. 46 (CA);

    232 W.A.C. 46

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. JL.060

Her Majesty The Queen (respondent) v. L.D.W. (appellant)

(No. 114; 2000 SKCA 80)

Indexed As: R. v. L.D.W

Saskatchewan Court of Appeal

Tallis, J.A.

June 23, 2000.

Summary:

The accused was charged with the first degree murder of his estranged wife.

The Saskatchewan Court of Queen's Bench, in a decision reported at [2000] Sask.R. Uned. 125, convicted the accused for second degree murder. The accused was sentenced to life imprisonment without parole eligibility for 16 years. The accused appealed his conviction and sentence. He applied for judicial interim release pending his appeal.

The Saskatchewan Court of Appeal, per Tallis, J.A., dismissed the application where the accused had not met the public interest requirement (Criminal Code, s. 679(3)). The accused's release would undermine public confidence in the administration of justice.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending appeal - Detention necess­ary in the public interest - [See Criminal Law - Topic 3310 ].

Criminal Law - Topic 3304.1

Compelling appearance, detention and release - Interim release or detention of accused pending appeal - Detention necess­ary to maintain confidence in the adminis­tration of justice - [See Criminal Law - Topic 3310 ].

Criminal Law - Topic 3310

Compelling appearance, detention and release - Interim release or detention of accused pending appeal - Release pending appeal - The accused was convicted of the second degree murder of his estranged wife and was sentenced to life imprison­ment without eligibility for parole for 16 years - The trial judge found that the accused had beaten his wife severely and had set the fire which caused her death - The accused applied for judicial interim release pending his appeal - The Sas­katchewan Court of Appeal dismissed the application where the accused had not met the public interest requirement (Crimi­nal Code, s. 679(3)) - The accused's release would undermine public confidence in the admin­istration of justice.

Cases Noticed:

R. v. Latimer (R.W.) (1994), 128 Sask.R. 63; 85 W.A.C. 63 (C.A.), refd to. [para. 6].

R. v. Demyen (1975), 26 C.C.C.(2d) 324 (Sask. C.A.), refd to. [para. 14].

R. v. Farinacci (L.W.) et al. (1993), 67 O.A.C. 197; 86 C.C.C.(3d) 32 (C.A.), refd to. [para. 14].

R. v. Khan (M.A.) (1998), 131 Man.R.(2d) 70; 187 W.A.C. 70; 129 C.C.C.(3d) 443 (C.A.), refd to. [para. 14].

R. v. Foster (D.) (1994), 120 Sask.R. 320; 68 W.A.C. 320 (C.A.), refd to. [para. 14].

R. v. Heyden (J.C.) (1999), 127 O.A.C. 190 (C.A.), refd to. [para. 14].

Counsel:

A. Fox, Q.C., and Mr. James Korpan, for the appellant;

W.T. Jennings, for the respondent.

This application was heard on June 23, 2000, before Tallis, J.A., of the Saskatche­wan Court of Appeal, who delivered the fol­lowing reasons for decision on June 28, 2000.