The applicant, convicted of break and enter and robbery, sought bail pending his conviction appeal.
The chambers judge applied the three-part test under s. 679(3) of the Criminal Code.
While the applicant would surrender into custody and faced potential mootness of his appeal due to the sentence length, the judge found the appeal grounds were only marginally arguable.
Given the serious nature of the violent home invasion, the public interest favoured continued enforcement of the sentence.
The application for release was dismissed.
