Alefia Ghadiyali

The applicant sought release pending appeal from convictions and an eight-year sentence for sexual offences.

The court accepted that the appeal was not frivolous and that attendance and safety concerns were manageable, and then found the grounds clearly surpassed the non-frivolous threshold when balancing enforceability and reviewability in the public-interest analysis.

Release pending appeal was granted.

The appellant, J.A., appealed his convictions for sexual interference and sexual assault.

The central issue on appeal was whether the trial judge erred in admitting the appellant's police statement as voluntary evidence.

The appellant contended that the trial judge, after finding an inducement, failed to adequately consider all oppressive circumstances in determining if his will was overborne.

The Court of Appeal dismissed the appeal, affirming that the trial judge correctly applied the legal test for voluntariness and considered all relevant circumstances, and that the finding of voluntariness was entitled to significant appellate deference.