R. v. Young (F.M.), 2014 NSCA 48

Judge:Bryson, J.A.
Court:Nova Scotia Court of Appeal
Case Date:May 09, 2014
Jurisdiction:Nova Scotia
Citations:2014 NSCA 48;(2014), 344 N.S.R.(2d) 202 (CA)
 
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R. v. Young (F.M.) (2014), 344 N.S.R.(2d) 202 (CA);

    1089 A.P.R. 202

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Temp. Cite: [2014] N.S.R.(2d) TBEd. MY.040

Francis Mark Young (appellant) v. Her Majesty the Queen (respondent)

(CAC 424684; 2014 NSCA 48)

Indexed As: R. v. Young (F.M.)

Nova Scotia Court of Appeal

Bryson, J.A.

May 15, 2014.

Summary:

The accused was convicted of possession of stolen property and was sentenced to nine months' imprisonment. The accused applied under s. 679(3) of the Criminal Code for interim release pending the hearing of his conviction and sentence appeal.

The Nova Scotia Court of Appeal, per Bryson, J.A., dismissed the application.

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 3310 ].

Criminal Law - Topic 3310

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release pending appeal - The accused appealed his conviction and sentence (nine months' imprisonment) for possession of stolen property - He applied under s. 679(3) of the Criminal Code for interim release pending the hearing of the appeal, which was scheduled for September 2014 - The accused had a lengthy criminal record, including offences committed while released on recognizances - The accused's brother-in-law was willing to act as a surety - The accused had a history of having family and friends act as a surety, only to withdraw their surety based on the accused's failure to abide by the conditions of his release - The accused had recently been denied interim release pending appeal from another conviction - The accused argued that denying him release would result in his full sentence being served prior to the appeal being heard, which would result in unfair punishment if his appeal succeeded - The Nova Scotia Court of Appeal, per Bryson, J.A., denied interim release pending appeal - Although unfairness could result if the appeal succeeded and the sentence was already served, the public interest required the accused's continued detention pending the appeal - The accused was a significant risk to re-offend if released - The court stated that "a reasonable, informed member of the public would find it completely inappropriate that [the accused] be released pending appeal. [The accused] has been given his freedom on numerous occasions with an opportunity to demonstrate his willingness to abide by the terms of his release. He has continued to disappoint both the judicial system and his supporters".

Cases Noticed:

R. v. Barry (S.D.) (2004), 227 N.S.R.(2d) 227; 720 A.P.R. 227; 2004 NSCA 126, refd to. [para. 6].

R. v. Dow (S.V.), [2013] N.S.R.(2d) Uned. 88; 2013 NSCA 50, refd to. [para. 6].

R. v. Young (F.M.) (2014), 340 N.S.R.(2d) 355; 1077 A.P.R. 355; 2014 NSCA 16, refd to. [para. 11].

R. v. Ryan (J.D.P.) (2004), 226 N.S.R.(2d) 247; 714 A.P.R. 247; 2004 NSCA 105, refd to. [para. 16].

Romania v. Iusein, 2014 ONSC 623, refd to. [para. 23].

R. v. Young (F.M.), [2013] N.S.R.(2d) Uned. 166; 2013 NSCA 87, refd to. [para. 25].

Counsel:

Nicholaus Fitch, for the appellant;

Mark Scott, for the respondent.

This application was heard on May 9, 2014, at Halifax, N.S., in Chambers before Bryson, J.A., of the Nova Scotia Court of Appeal, who delivered the following judgment on May 15, 2014.

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