R. v. Q.E.A., 2015 ABCA 23

JudgeVeldhuis, J.A.
CourtCourt of Appeal (Alberta)
Case DateJanuary 13, 2015
Citations2015 ABCA 23;(2015), 593 A.R. 347

R. v. Q.E.A. (2015), 593 A.R. 347; 637 W.A.C. 347 (CA)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. JA.144

Her Majesty the Queen (respondent) v. Q.E.A. (applicant)

(1403-0148-A; 2015 ABCA 23)

Indexed As: R. v. Q.E.A.

Alberta Court of Appeal

Veldhuis, J.A.

January 19, 2015.

Summary:

The accused was found guilty of one count of sexual assault and two counts of sexual touching. He was sentenced to 4.5 years' imprisonment. The accused appealed the convictions and applied for judicial interim release pending the appeal.

The Alberta Court of Appeal, per Veldhuis, J.A., dismissed the application.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 3300

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - General - Considerations - The accused applied for judicial interim release pending his appeal from convictions for one count of sexual assault and two counts of sexual touching - He argued that the verdict was unreasonable because the trial judge convicted on the complainant's uncorroborated evidence, and that there were inconsistencies and a lack of detail in some of the evidence - The Alberta Court of Appeal, per Veldhuis, J.A., dismissed the application - First, even if the accused's grounds of appeal were not frivolous, they were extremely weak - The trial judge was alive to these issues and carefully considered them in her reasons for decision - Further, no corroboration was required pursuant to s. 274 of the Criminal Code - Second, the accused's history demonstrated a lack of respect for court orders and the court was not satisfied that he would surrender himself into custody as required - Given the potential danger to the public if the accused re-offended while on release, the public interest also required his continued detention.

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary for protection of public (i.e., secondary ground) - [See Criminal Law - Topic 3300 ].

Criminal Law - Topic 3303

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to ensure attendance (i.e., primary ground) - [See Criminal Law - Topic 3300 ].

Criminal Law - Topic 3304

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary in the public interest - [See Criminal Law - Topic 3300 ].

Counsel:

M.J. McGuire, for the respondent;

P.J. Royal, Q.C., for the applicant.

This application was heard on January 13, 2015, before Veldhuis, J.A., of the Alberta Court of Appeal, who delivered the following reasons for decision at Edmonton, Alberta, on January 19, 2015.

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1 practice notes
  • Bourgeault v. McCutcheon, 2015 ABPC 53
    • Canada
    • Provincial Court of Alberta (Canada)
    • April 7, 2015
    ...at trial was to maintain the existing school for the Child. [16] In a recent decision of the Alberta Court of Appeal in D.B . v. M.B . 2015 ABCA 23, the Court affirmed a decision of a Chambers Judge in Queen's Bench varying a 50/50 shared parenting regime under a consent order where th......
1 cases
  • Bourgeault v. McCutcheon, 2015 ABPC 53
    • Canada
    • Provincial Court of Alberta (Canada)
    • April 7, 2015
    ...at trial was to maintain the existing school for the Child. [16] In a recent decision of the Alberta Court of Appeal in D.B . v. M.B . 2015 ABCA 23, the Court affirmed a decision of a Chambers Judge in Queen's Bench varying a 50/50 shared parenting regime under a consent order where th......

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