R. v. Mapara (S.),

• Jurisdiction: British Columbia
• Judge: Ryan, Saunders and Levine, JJ.A.
• Neutral Citation: 2001 BCCA 508
• Citation: 2001 BCCA 508,(2001), 156 B.C.A.C. 138 (CA),158 CCC (3d) 312,45 CR (5th) 230,156 BCAC 138,[2001] CarswellBC 1886,[2001] BCJ No 1774 (QL),255 WAC 138,255 W.A.C. 138,(2001), 156 BCAC 138 (CA),[2001] B.C.J. No 1774 (QL),156 B.C.A.C. 138
• Date: 06 September 2001
• Court: Court of Appeal (British Columbia)

R. v. Mapara (S.) (2001), 156 B.C.A.C. 138 (CA);

    255 W.A.C. 138

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. SE.029

Regina (applicant/respondent) v. Sameer Mapara (respondent/appellant)

(CA028271; 2001 BCCA 508)

Indexed As: R. v. Mapara (S.)

British Columbia Court of Appeal

Ryan, Saunders and Levine, JJ.A.

September 6, 2001.

Summary:

The accused was convicted of first degree murder. He appealed from conviction and sought bail pending appeal.

The British Columbia Court of Appeal, per Southin, J.A., in a decision reported in 149 B.C.A.C. 316; 244 W.A.C. 316, granted bail on conditions to be considered at a later time. Following submissions, the Chambers judge ordered the accused's release on con­dition that he enter into a recognizance in the amount of $300,000 with two sureties and 12 conditions. The Crown applied for and obtained, under s. 680 of the Criminal Code, a direction for a review of the deci­sion granting the accused bail.

The British Columbia Court of Appeal dismissed the review application.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release of accused pend­ing appeal - Detention necessary in the public interest - The accused, age 33, was a first offender convicted of first degree murder - Immigrated from Kenya at age six - Married with four children under age six - Employed at a car dealership but in serious financial difficulty; a defendant in several lawsuits and filed for bankruptcy - Faithfully abided by bail conditions - Knowing his relatives, who were sureties, would suffer consequences if he defaulted, he would surrender himself into custody - The British Columbia Court of Appeal affirmed that the accused should be released, on conditions, pending his con­viction appeal, which was not frivolous - See paragraphs 14 to 23, 39 to 41.

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release of accused pend­ing appeal - Detention necessary in the public interest - The British Columbia Court of Appeal discussed the underlying objectives of s. 679(3)(c) of the Criminal Code (release where the accused estab­lished that his detention was not necessary in the public interest) - See paragraphs 31 to 38.

Cases Noticed:

R. v. Wu (B.Q.) (1998), 117 B.C.A.C. 305; 191 W.A.C. 305 (C.A.), refd to. [para. 12].

R. v. Dempsey (P.) (2001), 151 B.C.A.C. 272; 249 W.A.C. 272 (C.A.), refd to. [para. 13].

R. v. J.W.R. (1999), 129 B.C.A.C. 232; 210 W.A.C. 232 (C.A.), refd to. [para. 13].

R. v. Demyen (1975), 26 C.C.C.(2d) 324 (Sask. C.A.), refd to. [para. 25].

R. v. Morin (G.P.) (1993), 60 O.A.C. 397 (C.A.), consd. [para. 27].

R. v. Latimer (R.W.) (1994), 128 Sask.R. 63; 85 W.A.C. 63 (C.A.), consd. [para. 27].

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.), consd. [para. 28].

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

R. v. Baltovich (R.) (2000), 131 O.A.C. 29 (C.A.), refd to. [para. 33].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 679(3) [para. 6]; sect. 680(1) [para. 11].

Counsel:

G.C. Deedman, for the appli­cant/re­spon­dent;

T.E. LaLiberté, Q.C., for the respon­dent/appellant.

This application was heard on July 16, 2001, at Vancouver, British Columbia, before Ryan, Saunders and Levine, JJ.A., of the British Columbia Court of Appeal.

Ryan, J.A., delivered the following judg­ment for the Court of Appeal on September 6, 2001.