R. v. L.S.R., (2008) 311 Sask.R. 142 (CA)

• Judge: Jackson, J.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 11, 2008
• Jurisdiction: Saskatchewan
• Citations: (2008), 311 Sask.R. 142 (CA);2008 SKCA 77

R. v. L.S.R. (2008), 311 Sask.R. 142 (CA);

      428 W.A.C. 142

MLB headnote and full text

Temp. Cite: [2008] Sask.R. TBEd. JN.035

L.S.R. (appellant) v. Her Majesty the Queen (respondent)

(No. 1485; 2008 SKCA 77)

Indexed As: R. v. L.S.R.

Saskatchewan Court of Appeal

Jackson, J.A.

June 16, 2008.

Summary:

The accused appealed his conviction for sexual assault. The accused applied for release pending appeal.

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

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 a restriction on publication ordered pursuant to s. 486(3) of the Criminal Code.

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 applied for release pending his appeal from a conviction for sexually assaulting his stepdaughter - A post incarceration psychological assessment concluded, inter alia, that the accused's "... capacity for clear thinking and abstract reasoning fall within the Borderline Disability range." - The Saskatchewan Court of Appeal, per Jackson, J.A., noted that the accused had the support of family and others, had no record other than a dated .08 charge, was a low risk to re-offend, was not a flight risk and, prior to incarceration, was working full time - His grounds of appeal were not frivolous, but they were not as strong as some - However, the court could not say at this stage that the strength of the grounds of appeal overcame the several factors that militated against release - The nature of the offence, which involved multiple acts against a vulnerable victim for whom the accused stood as a parent, caused grave concern - The trial judge found that the accused had taken steps that had the appearance of "grooming" the victim - While that finding was challenged, it was one of the circumstances of the offence that had to be considered - Further, the application came four months after the conviction and the appeal could be heard and resolved quickly - A short period of release, back into a small community, which might end in re-incarceration, would have a negative impact on the public's confidence in the administration of justice - Detention pending appeal was in the public interest.

Criminal Law - Topic 3309

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

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. Farinacci (L.W.) et al. (1993), 67 O.A.C. 197 (C.A.), refd to. [para. 8].

R. v. Nguyen (Y.V.) (1997), 97 B.C.A.C. 86; 157 W.A.C. 86 (C.A.), refd to. [para. 8].

R. v. Mapara (S.) (2001), 156 B.C.A.C. 138; 255 W.A.C. 138 (C.A.), refd to. [para. 8].

R. v. Galloway (R.) (2004), 249 Sask.R. 121; 325 W.A.C. 121 (C.A.), refd to. [para. 8].

R. v. Steele (M.D.) (1999), 189 Sask.R. 144; 216 W.A.C. 144 (C.A.), refd to. [para. 10].

R. v. Foster (D.) (1994), 120 Sask.R. 320; 68 W.A.C. 320 (C.A.), refd to. [para. 10].

Counsel:

Alexander P. Watt, for the appellant;

Anthony Gerein, for the Crown.

This appeal was heard in Chambers on June 11, 2008, by Jackson, J.A., of the Saskatchewan Court of Appeal, who delivered the following decision on June 16, 2008.