The applicant sought bail pending appeal following convictions for sexual exploitation and sexual assault against a minor and a custodial sentence of five months.
The court considered the criteria under s. 679(3) of the Criminal Code, including whether the appeal was frivolous, whether the applicant would surrender into custody, and whether detention was necessary in the public interest.
The Crown conceded the second and third criteria but argued the appeal lacked merit.
After reviewing the four proposed grounds of appeal concerning character evidence, alleged misapprehension of GPS evidence, DNA contamination issues, and reliance on a transcript of a police statement, the court concluded none demonstrated arguable merit.
The applicant failed to establish that the appeal was not frivolous and the bail application was dismissed.
