R. v. Paquette, (1979) 24 A.R. 486 (QB)

• Judge: Legg, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 14, 1979
• Citations: (1979), 24 A.R. 486 (QB)

R. v. Paquette (1979), 24 A.R. 486 (QB)

MLB headnote and full text

R. v. Paquette

(31194)

Indexed As: R. v. Paquette

Alberta Court of Queen's Bench

Judicial District of Edmonton

Legg, J.

December 14, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release of accused pending trial or appeal - Detention necessary for protection of public - An application for judicial interim release was brought pursuant to s. 457.7 of the Criminal Code - The accused had been charged with first degree murder and was convicted by a judge and jury of second degree murder - A new trial was ordered on a charge of second degree murder on appeal to the Supreme Court of Alberta, Appeal Division - The accused had a substantial criminal record - The Alberta Court of Queen's Bench dismissed the application because the detention of the accused was necessary in the public interest and for the protection and safety of the public - The court stated that there was a substantial likelihood that the accused would commit further offences and interfere with the administration of justice if he was released from custody - See paragraphs 9 and 10.

NOTE: For previous proceedings in this matter see R. v. Paquette (1979), 29 N.R. 83; 17 A.R. 375 (S.C.C.); R. v. Paquette (1979), 29 N.R. 84; 17 A.R. 376 (Alta. C.A.).

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, sect. 457.7 [paras. 1, 3, 4, 6, 19].

Counsel:

A.E.F. Piragoff, for the Crown;

B.M. Barker, for the appellant.

This case was heard before LEGG, J., of the Alberta Court of Queen's Bench.

The decision of LEGG, J., was delivered on December 14, 1979.