The applicant, T.M., sought release pending appeal after being convicted of sexually assaulting his intimate partner and choking her, for which he received a four-year sentence.
The application for release was based on an alleged misapprehension of evidence by the trial judge regarding the assessment of evidence and credibility.
The Crown opposed the release, arguing the appeal was frivolous and that detention was necessary in the public interest due to the applicant's extensive criminal record, including prior convictions for intimate partner violence and breaches of court orders.
The court dismissed the application, finding the appeal was frivolous as the alleged misapprehension of evidence was not material to the trial judge's reasoning.
Furthermore, the court determined that the applicant's detention was necessary for public safety and to maintain public confidence in the administration of justice, given his history of violence and non-compliance with court orders.