R. v. Mah (J.M.),
| Jurisdiction | Saskatchewan |
| Court | Court of Appeal (Saskatchewan) |
| Judge | Richards |
| Neutral Citation | 2014 SKCA 26 |
| Citation | 2014 SKCA 26,(2014), 433 Sask.R. 222 (CA),433 SaskR 222,(2014), 433 SaskR 222 (CA),433 Sask.R. 222 |
| Date | 12 March 2014 |
| Subject Matter | CRIMINAL LAW |
R. v. Mah (J.M.) (2014), 433 Sask.R. 222 (CA);
602 W.A.C. 222
MLB headnote and full text
Temp. Cite: [2014] Sask.R. TBEd. MR.029
Jonathan Michael Mah (appellant) v. Her Majesty the Queen (respondent)
(CACR2388; 2014 SKCA 26)
Indexed As: R. v. Mah (J.M.)
Saskatchewan Court of Appeal
Richards, C.J.S.
March 14, 2014.
Summary:
The accused was convicted of possession of cannabis resin for the purpose of trafficking, possession of marihuana for the purpose of trafficking and possession of currency in a value exceeding $5,000 obtained as a result of committing an indictable offence. He was sentenced to 18 months in jail. The accused filed an appeal and applied for an order that he be released pending the resolution of his appeal.
The Saskatchewan Court of Appeal, per Richards, C.J.S., allowed the application.
Criminal Law - Topic 3310
Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - The accused was convicted of possession of cannabis resin for the purpose of trafficking, possession of marihuana for the purpose of trafficking and possession of currency in a value exceeding $5,000 obtained as a result of committing an indictable offence - He was sentenced to 18 months in jail - The accused filed an appeal and applied for an order that he be released pending the resolution of his appeal - The Saskatchewan Court of Appeal, per Richards, C.J.S., allowed the application - The appeal was not so weak as to be frivolous - There were no concerns about whether he would surrender himself into custody - The public interest did not require that he be imprisoned.
Cases Noticed:
R. v. Passey (D.M.) (1997), 209 A.R. 191; 160 W.A.C. 191; 56 Alta. L.R.(3d) 317; 121 C.C.C.(3d) 444 (C.A.), refd to. [para. 11].
R. v. Schoenthal (D.L.) (2006), 285 Sask.R. 144; 378 W.A.C. 144; 2006 SKCA 71, refd to. [para. 11].
R. v. Toy (K.O.) (2009), 331 Sask.R. 1; 460 W.A.C. 1; 2009 SKCA 32, refd to. [para. 11].
R. v. F.F.B. (1992), 112 N.S.R.(2d) 423; 307 A.P.R. 423; 73 C.C.C.(3d) 303 (C.A.), refd to. [para. 13].
R. v. Nguyen (Y.V.) (1997), 97 B.C.A.C. 86; 157 W.A.C. 86; 119 C.C.C.(3d) 269 (C.A.), refd to. [para. 13].
R. v. L.S.R. (2008), 311 Sask.R. 142; 428 W.A.C. 142; 2008 SKCA 77, refd to. [para. 13].
R. v. Demyen (1975), 26 C.C.C.(2d) 324 (Sask. C.A.), refd to. [para. 13].
Counsel:
Pab Chetty, for the appellant;
Wade McBride, for the respondent.
This application was heard in Chambers on March 12, 2014, before Richards, C.J.S., of the Saskatchewan Court of Appeal, who delivered the following decision on March 14, 2014.
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R. v. Clarke (R.J.), [2015] Sask.R. Uned. 21
...affect that public confidence and respect would be contrary to the public interest. [11] In addition, I have been referred to R. v. Mah , 2014 SKCA 26, 433 Sask R 222, where Richards C.J.S. observed the following: [13] The "public interest" referred to in s. 679(3)( c ) comprehends a variet......
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R. v. Archie (R.D.), 2015 SKCA 78
...including R. v. Toy , 2009 SKCA 32 at paras 26-27, 331 Sask R 1; R. v. Leroux , 2014 SKCA 60 at paras 11-13, 438 Sask R 162, R. v. Mah , 2014 SKCA 26 at para 13, 433 Sask R 222. [12] In considering this ground, a Chambers judge may take into account a range of variables including the streng......
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R. v. BOUDREAUX, 2020 SKQB 92
...of probabilities, that his detention is not necessary in the public interest. Guidance on this factor has been provided in R v Mah, 2014 SKCA 26 at para 13, 433 Sask R 222, [13] The “public interest” referred to in s. 679(3)(c) comprehends a variety of considerations including the nature of......
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R v Madsen, 2017 SKCA 73
...at para 20). That has been this Court’s consistent approach to the issue as well: R v Toy, 2009 SKCA 32 at para 24, 331 Sask R 1; R v Mah, 2014 SKCA 26 at para 11, 433 Sask R 222; and R v Gill, 2015 SKCA 96 at para 15, 341 CRR (2d) 121. With that test in mind, I will review Mr. Madsen’s gro......
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R. v. Clarke (R.J.), [2015] Sask.R. Uned. 21
...affect that public confidence and respect would be contrary to the public interest. [11] In addition, I have been referred to R. v. Mah , 2014 SKCA 26, 433 Sask R 222, where Richards C.J.S. observed the following: [13] The "public interest" referred to in s. 679(3)( c ) comprehends a variet......
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R. v. Archie (R.D.), 2015 SKCA 78
...including R. v. Toy , 2009 SKCA 32 at paras 26-27, 331 Sask R 1; R. v. Leroux , 2014 SKCA 60 at paras 11-13, 438 Sask R 162, R. v. Mah , 2014 SKCA 26 at para 13, 433 Sask R 222. [12] In considering this ground, a Chambers judge may take into account a range of variables including the streng......
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R. v. BOUDREAUX, 2020 SKQB 92
...of probabilities, that his detention is not necessary in the public interest. Guidance on this factor has been provided in R v Mah, 2014 SKCA 26 at para 13, 433 Sask R 222, [13] The “public interest” referred to in s. 679(3)(c) comprehends a variety of considerations including the nature of......
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R v Madsen, 2017 SKCA 73
...at para 20). That has been this Court’s consistent approach to the issue as well: R v Toy, 2009 SKCA 32 at para 24, 331 Sask R 1; R v Mah, 2014 SKCA 26 at para 11, 433 Sask R 222; and R v Gill, 2015 SKCA 96 at para 15, 341 CRR (2d) 121. With that test in mind, I will review Mr. Madsen’s gro......