The applicant, convicted of second-degree murder following a fatal altercation at a bar, applied for judicial interim release pending his appeal.
The central issue on appeal was causation, with the applicant seeking to introduce fresh expert evidence suggesting the deceased died from alcohol concussion syndrome triggered by a co-accused's subsequent punch, rather than the applicant's initial assault.
The Court of Appeal found that the proposed fresh evidence raised an arguable ground of appeal, satisfying the requirement that the appeal not be frivolous.
Concluding that the applicant's detention was not necessary in the public interest, the court granted release pending appeal on strict conditions.
