R. v. Barnes, 2016 NLCA 71

Stanley Barnes (applicant/appellant) v. Her Majesty the Queen (respondent) (16/120) Indexed As: R. v. Barnes 2016 NLCA 71 1 C.A.N.L.R. 338 Court of Appeal of Newfoundland and Labrador Welsh J.A. December 16, 2016 Restriction on Publication:

Section 486.4 of the Criminal Code respecting the non-publication of the identity of a complainant or of a witness and any information from which they might be identified applies to this judgment.

Summary: Application for judicial interim release pending appeal by Mr. Barnes, who had been convicted of and was appealing the convictions for one count of sexual assault and one count of sexual interference contrary to sections 271 and 151 of the Criminal Code and was sentenced to ten months imprisonment. Held: Application allowed, judicial interim release granted on conditions. Welsh J.A.: Judicial interim release pending appeal is governed by section 679 (3) of the Criminal Code . All of the requirements of that

section must be met before judicial interim release will be granted. Crown counsel consented to Mr. Barnes’ application. Mr. Barnes had complied with an undertaking with conditions from the time of his arrest until he was sentenced. In the circumstances, the Court was satisfied judicial interim release was warranted. Counsel: Robby Ash, for the applicant/appellant; Trina Simms, for the respondent. This application was heard and decision rendered orally on December 15, 2016 by Welsh J.A.

The following Memorandum of Disposition was filed on December 16, 2016. ______________________________________________________________ Welsh J.A.: [ 1 ] On April 4, 2016, Stanley Barnes was convicted of one count of sexual assault and one count of sexual interference contrary to sections 271 and 151 of the Criminal Code . On December 13, 2016, he was sentenced to ten months imprisonment for sexual assault and three months concurrent for sexual interference. Mr. Barnes was released on an undertaking with conditions, with which he has complied, from the time of his arrest until he was sentenced.

[ 2 ] On December 14, 2016, Mr. Barnes filed a notice of appeal against the convictions. He applied for judicial interim release pending disposition of the appeal. That application was granted at the hearing. A

summary follows. [ 3 ] Judicial interim release is governed by

section 679 of the Criminal Code . Subsection (3) provides that a judge of the appeal court: … may order that the appellant be released pending the determination of his appeal if the appellant establishes that (

a) the appeal … is not frivolous, (

b) he will surrender himself into custody in accordance with the terms of the order, and (

c) his detention is not necessary in the public interest. All three criteria must be satisfied. [ 4 ] Referring to the requirements of

section 679, Crown counsel consented to Mr. Barnes’ application. Having heard counsel and considered the information set out in the application, I was satisfied that judicial interim release should be ordered with the following conditions: 1. He will keep the peace and be of good behaviour; 2. He will appear in court and surrender himself into custody as required; 3. He will notify the RCMP, Rocky Harbour, of any change of his address, employment or occupation; 4. He will remain in the Province of Newfoundland and Labrador; 5.

He will not contact the complainant or communicate directly or indirectly in any manner with her, and he will remain away from her residence, school or place of work; 6. He will not consume alcohol, and he will not possess or consume drugs that have not been prescribed for him by a medical doctor. [ 5 ] The transcript is expected to be completed by January 31, 2017. Mr. Barnes’ factum is to be filed no later than February 28, 2017. The Crown’s factum is to be filed no later than March 21, 2017. The hearing of the appeal is set for April 3, 2017. Application allowed.