The appellant, convicted of manslaughter in the drowning death of his wife and sentenced to 15 years' imprisonment, applied for bail pending his conviction and sentence appeals.
The Crown conceded the appellant was not a flight risk or a danger to the public, but argued the appeals were frivolous and detention was necessary in the public interest.
The Court of Appeal found that the conviction appeal raised an arguable issue regarding the trial judge's response to a jury question, which introduced a new route to liability based on failing to provide the necessaries of life.
Concluding the appeal was not frivolous and the principle of reviewability outweighed enforceability, the Court granted release pending appeal.
