Raoof Zamanifar

The applicant, Ross Jacko, sought bail pending appeal after being convicted of assault causing bodily harm and assault with a weapon, and sentenced to three years' imprisonment.

The application was brought under s. 679(3) of the Criminal Code.

While the Crown conceded the appeal was not frivolous, the court found the proposed release plan, involving two sureties (mother and friend) and strict terms, insufficient to address flight risk and public safety concerns.

Given the applicant's extensive criminal record, history of violent offences, and prior bail breaches, the court was not satisfied he would surrender or that his detention was unnecessary in the public interest.

The application was dismissed, with an order to expedite the appeal hearing.

The appellant, B.S., appealed his conviction for indecent assault and the imposed sentence of 18 months' imprisonment.

The conviction appeal challenged the trial judge's assessment of the complainant's reliability and credibility, and the rejection of the appellant's evidence.

The sentence appeal argued the trial judge erred by not imposing a conditional sentence, particularly in light of the appellant's Indigenous status and the absence of a Gladue report at sentencing.

The Court of Appeal dismissed both the conviction and sentence appeals, affirming the trial judge's findings on credibility and reliability, and upholding the custodial sentence as appropriate given the nature of the offence against a vulnerable child.

The appellant, found not criminally responsible for a violent assault due to schizophrenia, appealed the Ontario Review Board's decision to maintain his detention at Waypoint Centre for Mental Health Care (a high-security facility) rather than transferring him to St. Joseph's Healthcare Hamilton (a medium-security facility closer to his family).

The Court of Appeal applied a reasonableness standard of review to the Board's disposition.

Given the appellant's history of violent and volatile behavior, fluctuating medication compliance, and St. Joseph's stated inability to manage him, the court found the Board's decision to keep him at Waypoint reasonable and dismissed the appeal.