The applicant sought bail pending his summary conviction appeal after being convicted of unlawfully entering a dwelling house, theft, possession of property obtained by crime, and threatening death.
The Crown conceded that the applicant would surrender into custody and that his detention was not required in the public interest, but argued the appeal was frivolous.
The court found that the applicant's proposed fresh evidence regarding his extreme intoxication on the day of the offences raised an arguable ground of appeal concerning his capacity to form specific intent.
The application for bail pending appeal was granted.