R. v. McCormick (D.W.), (2012) 317 N.S.R.(2d) 273 (CA)

• Judge: Beveridge, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: May 24, 2012
• Jurisdiction: Nova Scotia
• Citations: (2012), 317 N.S.R.(2d) 273 (CA);2012 NSCA 58

R. v. McCormick (D.W.) (2012), 317 N.S.R.(2d) 273 (CA);

    1003 A.P.R. 273

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. JN.017

Daren Wayne McCormick (appellant) v. Her Majesty The Queen (respondent)

(CAC 393239; 2012 NSCA 58)

Indexed As: R. v. McCormick (D.W.)

Nova Scotia Court of Appeal

Beveridge, J.A.

May 31, 2012.

Summary:

A jury convicted the accused of uttering a threat to kill police officers and four firearm offences arising out of his arrest, including possession of a loaded restricted firearm, which carried a mandatory minimum three year sentence. He was sentenced to just over three years' imprisonment. The accused appealed from conviction and sought leave to appeal sentence. He applied for bail pending the hearing of his appeal.

The Nova Scotia Court of Appeal, per Beveridge, J.A., denied bail.

Criminal Law - Topic 3310

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - A jury convicted the 46 year old accused of uttering a threat to kill police officers and four firearm offences arising out of his arrest, including possession of a loaded restricted firearm, which carried a mandatory minimum three year sentence - He was sentenced to just over three years' imprisonment - The accused appealed from conviction and sought leave to appeal sentence - He applied for bail pending the hearing of his appeal - The accused believed himself to be a "Freeman-on-the land" and did not recognize the government's authority to regulate his right to possess and carry weapons - He had a lengthy criminal record - The Nova Scotia Court of Appeal, per Beveridge, J.A., denied bail - The appeal was not frivolous - Even if the court was satisfied that the accused would surrender himself into custody when required, which the court had concern respecting, the accused's detention was necessary in the public interest - The accused twice in the past breached the terms of conditional sentence orders - He displayed open anger for the court system and a lack of respect for the administration of justice - Respecting the merits of his appeal, the accused submitted no materials demonstrating any real substance to his complaints of error by the trial judge - "Public respect for the administration of justice would be seriously eroded to order [the accused's] release after having been convicted of uttering death threats against police officers, and within 24 hours to be found with a loaded, very powerful restricted handgun strapped to his hip, and who still proclaims his Freeman-on-the land beliefs that the laws of Canada simply do not apply to govern his conduct".

Cases Noticed:

R. v. Ryan (J.D.P.) (2004), 226 N.S.R.(2d) 247; 714 A.P.R. 247; 2004 NSCA 105 (C.A.), refd to. [para. 34].

R. v. Barry (S.D.) (2004), 227 N.S.R.(2d) 227; 720 A.P.R. 227; 2004 NSCA 126, refd to. [para. 34].

R. v. Cox (K.H.) (2009), 274 N.S.R.(2d) 364; 874 A.P.R. 364; 2009 NSCA 15, refd to. [para. 34].

R. v. MacIntosh (E.F.) (2010), 295 N.S.R.(2d) 179; 935 A.P.R. 179; 2010 NSCA 77, refd to. [para. 34].

R. v. Janes (D.S.) (2011), 298 N.S.R.(2d) 178; 945 A.P.R. 178; 2011 NSCA 10, refd to. [para. 34].

R. v. MacDonald (E.) (2011), 303 N.S.R.(2d) 185; 957 A.P.R. 185; 2011 NSCA 46, refd to. [para. 34].

Authors and Works Noticed:

Trotter, Gary T., The Law of Bail in Canada (3rd Ed. 2010), p. 10-14 [para. 24].

Counsel:

Stanley W. MacDonald, Q.C., for the appellant;

Jennifer A. MacLellan, for the respondent.

This application was heard on May 24, 2012, at Halifax, N.S., in Chambers before Beveridge, J.A., of the Nova Scotia Court of Appeal, whose oral decision of May 31, 2012, was released in writing on June 4, 2012.