R. v. Marlowe (R.), (2006) 397 A.R. 328 (NWTCA)

• Court: Court of Appeal (Northwest Territories)
• Case Date: July 25, 2006
• Jurisdiction: Northwest Territories
• Citations: (2006), 397 A.R. 328 (NWTCA)

R. v. Marlowe (R.) (2006), 397 A.R. 328 (NWTCA);

      384 W.A.C. 328

MLB headnote and full text

Temp. Cite: [2006] A.R. TBEd. AU.064

Raymond Marlowe (appellant) v. Her Majesty The Queen (respondent)

(A-1-AP-2005000041; 2006 NWTCA 5)

Indexed As: R. v. Marlowe (R.)

Northwest Territories Court of Appeal

Vertes, J.(ad hoc)

July 25, 2006.

Summary:

The accused was convicted of a rape committed in 1975. He was sentenced to three years' imprisonment. He appealed the conviction and sentence. He sought bail pending appeal.

The Northwest Territories Court of Appeal, per Vertes, J.(ad hoc), granted 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 46 year old accused was convicted of a rape committed in 1975 - He was sentenced to three years' imprisonment - He appealed the conviction and sentence - He sought bail pending appeal - He had the support of his spouse and many members of the small aboriginal community where he lived - He had been on pre-trial release from when he was charged until he was sentenced (three years) - The Northwest Territories Court of Appeal, per Vertes, J.(ad hoc), granted the application - The appeal was not frivolous - Given that the offence occurred over 30 years ago, the low risk to the public posed by the accused, and that the victim lived outside of the jurisdiction (minimizing the risk of contact), a fair-minded person's confidence in the justice system would not be undermined if the accused was released pending the appeal - The accused was required to enter into a recognizance of bail of $1,000 and placed under fairly restrictive conditions.

Cases Noticed:

R. v. McDonald (1985), 10 O.A.C. 321; 51 O.R.(2d) 745 (C.A.), refd to. [para. 12].

R. v. E.K., [2000] N.W.T.J. No. 1 (S.C.), refd to. [para. 12].

R. v. Litchfield, [1993] 4 S.C.R. 333; 161 N.R. 161; 145 A.R. 321; 55 W.A.C. 321, refd to. [para. 15].

Counsel:

Hugh R. Latimer, for the appellant;

Shelley Tkatch, for the respondent.

This application was heard before Vertes, J.(ad hoc), of the Northwest Territories Court of Appeal, who released the following memorandum of judgment on July 25, 2006.