2019 QCCA 42, 2019 QCCA 42

Magoon c. R. 2019 QCCA 42 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006924-185 (455-01-014968-162) MINUTES OF THE HEARING DATE: January 17, 2019 THE HONOURABLE MARIE-FRANCE BICH , J.A. PETITIONER COUNSEL JERRY CHASE MAGOON Mtre THOMAS P. WALSH (Walsh & Shearson) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre FRÉDÉRIQUE LE COLLETTER on behalf of Mtre CLAUDE ROBITAILLE (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion to be released from custody pending the determination of the appeal. (S. 679(1) Cr.C. , 53 R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 10:02 Commencement of the hearing. The motion is not contested. Exchanges between the Judge and Counsel. 10:05 BY THE JUDGE: Judgment – See page 3. 10:09 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT This judgment is subject to an order made pursuant to s. 468.4 of the Criminal Code : any information that could identify the victim/plaintiff shall not be published or broadcast or transmitted in any way. [ 1 ] On November 10, 2018, a jury found the petitioner guilty of various criminal offences ( ss. 151 a) , 152 , 152

a) Cr.C . ). On December 10, 2018, he filed a notice of appeal against this verdict. [ 2 ] On December 4, 2018, the petitioner, upon a common suggestion from the parties, was sentenced to 12 months of imprisonment, with a 2-year probation. He now seeks to be released pending the determination of his appeal of the verdict. [ 3 ] The requirements of paras. 679(1) and

(3) Cr.C . are fulfilled and the motion is not contested. The parties have jointly suggested a list of release conditions, which are generally adequate. A minor change will be made to conditions 2 and 11 and a condition 12 will be added. THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the petitioner’s motion; [ 5 ] ORDERS the petitioner Jerry Chase Magoon’s release from custody pending the appeal of the verdict, subject to the following conditions: 1. Keep the peace, be of good behavior and be present as required by the Court; 2. Reside at […] in Coaticook […]; 3.

Not change address without the prior authorization of the Court or one of its judges; 4. Deposit his passport within 24 hours of his release at the clerk’s office of the Court of Quebec in the district of Bedford, to be kept in the file bearing number 455-01-014968-162; 5. Not apply for a new passport; 6. Not leave the province of Quebec; 7. Not communicate or attempt to communicate in any way with X and Y; 8. Not be at any place where X and Y may live, regardless of the address;

9. Not be at the workplace of X and Y; 10. Not be in the physical presence of X and Y; 11. Surrender himself into the custody of the Établissement de détention de Sherbrooke, 1055, rue Talbot, Sherbrooke J1G 2P3 within 48 hours of the rendering of a judgment dismissing his appeal or within any delay prescribed at any time by this Court or one of its judges; 12.

Should the appellant discontinue his appeal, he shall immediately surrender himself into the custody of the Établissement de détention de Sherbrooke, 1055, rue Talbot, Sherbrooke J1G 2P3 ; [ 6 ] ORDERS that the present undertaking be subscribed before a justice of the peace assigned for such purpose prior to the petitioner being released from custody. MARIE-FRANCE BICH , J.A.