2015 QCCA 1460, 2015 QCCA 1460

Perez Moreno c. R. 2015 QCCA 1460 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005925-159 (505-01-107023-125) MINUTES OF THE HEARING DATE: September 14, 2015 THE HONOURABLE YVES-MARIE MORISSETTE , J.A.

PETITIONER ATTORNEY FRANCISCO PEREZ MORENO Mtre Gabriel Babineau ( Lepage Carette S.N.A. ) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Magalie Cimon ( Directeur des poursuites criminelles et pénales ) In appeal from a judgment rendered on June 2, 2015 by the Honourable Justice Louise Leduc of the Palais de justice of Longueil in district of Longueil DESCRIPTION: MOTION TO BE RELEASED FROM CUSTODY PENDING THE DETERMINATION OF THE APPEAL (s. 679 Cr. C .) Clerk: Shirley Thomas Courtroom: RC-18

HEARING 9:29 Commencement of the hearing. Identification of counsel. Exchange between the judge and the attorneys. 9:32 Judgment – see page 3. Conclusion of the hearing.

SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The motion is uncontested and I am satisfied that there are sufficient grounds for granting it and releasing the petitioner, subject to the conditions set out below and on which the parties are in agreement. [ 2 ] THEREFORE, THE UNDERSIGNED: [ 3 ] GRANTS the petitioner's motion; [ 4 ] ORDERS the petitioner's release from custody on the following conditions: • Cash deposit in the amount of : 1500$; • Keep the peace and be of good behaviour and attend to court whenever required; • Reside at [...] Longueuil, Québec; • Not change his address without prior authorization from the court or from DPCP; • Abstain from applying for a passport; • Abstain from being at or going to the following address : […], or at any other place where S...

P... may reside, whatever the adress; • Abstain from being a radius of 250 meters of the domicile, workplace or place of schooling of S... P... including the domicile and the workplace of members of the immediate family, whatever the address; • Abstain to refer to S... P... directly or indirectly on any social media whatsoever including to members of the immediate family; • Abstain from being in the physical presence of S... P...; • Abstain from communicating or attempting to communicate, in any manner, whether directly or indirectly with : S...

P... and her family members; • A bstain formally from having in his possession and carrying, for any purpose whatsoever, offensive or restricted use weapons or imitation weapons, including starter pistols and pellet pistols, firearms, cross-bows, prohibited weapons, restricted weapons, prohibited devices, ammunitions, prohibited ammunitions or explosive substance, knives (except in restaurants and for lawful purposes) and edged weapons.

[ 5 ] ORDERS that the present undertaking subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. YVES-MARIE MORISSETTE , J.A.