2016 QCCA 1113, 2016 QCCA 1113

Robbins c. R. 2016 QCCA 1113 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005985-153 (500-01-071663-121) MINUTES OF THE HEARING DATE: June 23, 2016 THE HONOURABLE MARIE-FRANCE BICH , J.A. PETITIONER COUNSEL TIMOTHY ROBBINS Mtre MIA MANOCCHIO (Yves Ménard Avocats) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre OLIVIER CHARBONNEAU ( Directeur des poursuites criminelles et pénales ) DESCRIPTION: MOTION TO BE RELEASED FROM CUSTODY PENDING THE DETERMINATION OF THE APPEAL (s. 679 Cr.C .) Clerk: Shirley Thomas Courtroom: Antonio-Lamer

HEARING 13:33 Commencement of the hearing. Identification of counsel. 13:34 Submissions by Mtre Manocchio. 13:38 Submissions by Mtre Charbonneau. 13:39 Exchange between the judge and counsel. 13:44 Recess. 14:18 Resumption of the hearing. 14:19 By the judge: Judgment – see page 3. 14:22 End of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The appellant seeks to be released from custody pending his appeal of the judgment that, on October 5, 2015, found him guilty of one count of sexual assault. On June 17, 2016, he was sentenced to imprisonment for a term of 15 months.

A two-year probation order was also rendered. [ 2 ] The appellant appealed his conviction, as of right, and filed a notice of appeal on October 28, 2015. His grounds of appeal are not frivolous. He was not detained at any time during the proceedings before the Court of Quebec, respected his release conditions and was always present in court when required (although he resides in Ontario). Nothing indicates that he will not surrender himself into custody when ordered to do so. Finally, his detention is not necessary in the public interest. [ 3 ] Considering that the conditions prescribed by sub-s. 679(1)

a) and para. 679(3) Cr.C. are thus fulfilled and considering that the respondent does not oppose the conditional release of the appellant, the motion will be granted. The parties have jointly suggested a series of conditions that are reasonable, but incomplete and to which the undersigned will add other restrictions.

FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the motion for release pending the appeal of the judgment rendered on October 5, 2015 by the honourable Manon Ouimet of the Court of Quebec, Criminal and Penal Division, District of Montreal; [ 5 ] ORDERS the release of Timothy Robbins pending his appeal on the following conditions: 1. Keep the peace, be of good behaviour and be present in Court whenever required; 2. Reside at […], Windsor, Ontario […], unless this Court or a judge thereof permits otherwise prior to any change of address; 3.

Do not leave Canada without prior authorization of the Court or one of its judges; 4. Leave his passport at the Office of the Court of Quebec and not attempt to obtain a passport or any other international travel document; 5. Work for Next Dimension Inc. ([…], Windsor, Ontario), and notify the Office of this Court of any change in his employment situation; 6. Do not communicate with the co-accused Josh Deschamps except in the presence of their lawyers in order to prepare the appeal; 7. Do not communicate or attempt to communicate, directly or indirectly, with plaintiff E. C.; 8.

Abstain from possessing or carrying for any reason whatsoever offensive or restricted weapons, or an imitation thereof, including

revolvers, starting guns, pellet guns, firearms, crossbows, prohibited weapons, restricted use weapons, prohibited devices, ammunition or explosive substances; 9. Abstain from having in his possession or using drugs or narcotics, except in accordance with a validly obtained medical prescription; 10. Surrender to the Rivière-des-Prairies Detention Centre no later that 4:00 pm on the day prior to the hearing of his appeal or in accordance with any order by this Court or one of its judges.

Failure to do so may result in the appeal being dismissed without a hearing. [ 6 ] ORDERS that these undertakings and conditions be entered into a recognizance before a justice of the peace assigned to such matters prior to the appellant being released from custody. MARIE-FRANCE BICH , J.A.