DATE: 20011102 DOCKET: C36684/M27884
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) - and - PAUL CROSCUP (Appellant)
BEFORE:
FELDMAN J.A. (In Chambers)
COUNSEL:
Michael Lacy
For the appellant
Lisa Joyal
For the respondent
HEARD:
October 30, 2001
E N D O R S E M E N T
[1] The Crown opposes bail in this case primarily on the public interest ground (s. 679(3)(c)). The Crown points out that the appellant has one fail to appear on his record. Counsel also argues forcefully that although the appeal cannot be said to be frivolous, the likelihood of success on appeal against conviction is not high, given the trial judge’s consideration of the issues of necessity and reliability in admitting the out-of-court statements of the four-year old complainant, and his reasons for ultimately relying on those statements.
[2] Counsel points out further that the appellant has breached previous bail orders including the day after his conviction when he was released prior to sentencing. At that time he was babysitting children. As this matter and the previous convictions involve sexual assault of children, the breach is a particularly serious one.
[3] The Crown also points out that the appeal should be able to be heard early in the new year as the transcript will be complete by the end of next week.
[4] I agree that I am not satisfied that the appellant’s detention is not necessary in the public interest in all of the circumstances of this case. The application for bail pending appeal is denied.
[5] I note that the appellant also has a 60-day consecutive sentence to serve. In the event his appeal is successful, he may be able to have part of the time he is serving be attributable to that sentence.
[6] Defence counsel requests an endorsement that the appeal be expedited for hearing after perfection. The Crown agrees. So ordered.