R. v. Montemurro (C.J.) et al., 2015 BCCA 79

• Judge: Frankel, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: February 13, 2015
• Jurisdiction: British Columbia
• Citations: 2015 BCCA 79;(2015), 367 B.C.A.C. 275 (CA)

R. v. Montemurro (C.J.) (2015), 367 B.C.A.C. 275 (CA);

    631 W.A.C. 275

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. MR.004

Regina (respondent) v. Cory Joseph Montemurro (appellant)

(CA042521; 2015 BCCA 79)

Indexed As: R. v. Montemurro (C.J.) et al.

British Columbia Court of Appeal

Frankel, J.A.

February 23, 2015.

Summary:

The accused was found guilty of 11 weapons-related offences (see [2014] B.C.T.C. Uned. 2103) and sentenced to five years' imprisonment less time already spent in custody (see [2015] B.C.T.C. Uned. 162). He appealed the convictions and applied for judicial interim release pending the hearing of his appeal. The Crown opposed the application on the basis that the accused's release was not in the public interest.

The British Columbia Court of Appeal, per Frankel, J.A., granted the application on strict terms, including that the accused diligently prosecute his appeal and enter into a recognizance with four sureties totalling $500,000.

Criminal Law - Topic 3304.1

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to maintain confidence in the administration of justice (i.e., tertiary ground) - See paragraphs 1 to 28.

Criminal Law - Topic 3307

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - Conditions of - See paragraphs 1 to 28.

Criminal Law - Topic 3309

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - When available - See paragraphs 1 to 28.

Criminal Law - Topic 3310

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - See paragraphs 1 to 28.

Cases Noticed:

R. v. Gingras (J.G.) (2012), 330 B.C.A.C. 102; 562 W.A.C. 102; 293 C.C.C.(3d) 100; 2012 BCCA 467, refd to. [para. 24].

Counsel:

K.S. Westlake, Q.C., for the appellant;

M.J. Brundrett, for the respondent.

This application was heard in chambers at Vancouver, B.C., on February 13, 2015, before Frankel, J.A., of the British Columbia Court of Appeal, who delivered the following judgment on February 23, 2015.