R. v. Churchill, 2015 NLCA 51

Date: 20151030 Docket: 15/82 Citation: R. v. Churchill , 2015 NLCA 51 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : JASON CHURCHILL APPLICANT AND : HER MAJESTY THE QUEEN RESPONDENT Coram: Welsh J.A. Court Appealed From: Supreme Court of Newfoundland and Labrador Trial Division (G) 201501G0897 Application Heard: October 29, 2015 Decision Rendered: October 29, 2015 Memorandum of Disposition Filed: October 30, 2015 Counsel for the Appellant: Stephen Orr Counsel for the Respondent: Lisa M. Stead MEMORANDUM OF DISPOSITION Welsh J.A.: [ 1 ] On October 5, 2015, Mr.

Churchill was convicted of aggravated assault pursuant to section 268(1) of the Criminal Code . Pending the appeal of his conviction and sentence, he sought judicial interim release. [ 2 ] Crown counsel opposed Mr. Churchill’s application. However, she conceded that at least one of Mr. Churchill’s grounds of appeal satisfied the first requirement under section 679(3) of the Code , that is, that the appeal is not frivolous. Counsel also conceded the second requirement under section 679(3), that is, that Mr.

Churchill would surrender himself into custody in accordance with the terms of an order. [ 3 ] However, Crown counsel submitted that the third requirement under section 679(3) was not satisfied because Mr. Churchill’s detention is necessary in the public interest. Counsel focused on the seriousness of both the offence and the injury to the victim who was his wife.

[ 4 ] In addition to the seriousness of the offence and its consequence, I considered several other factors: Mr.

Churchill is 41 years of age; this is his first conviction for a criminal offence; he has employment as a heavy equipment operator; he complied with the terms of his release pending the trial, with an exception regarding being in contact with the victim, which was not repeated after the preliminary inquiry; he has a supportive living arrangement with friends; he indicates he has complied with the condition that he not consume alcohol, which is relevant in that the assault took place when he and the victim were intoxicated. I am satisfied that he would not pose a risk to members of the public if released.

Similarly, given the above considerations and his conduct since the charge, I do not believe that he poses a further risk to the victim. Accordingly, judicial interim release was granted at the hearing. [ 5 ] Dates were then set for proceeding with the appeal. While it is uncertain when the transcript will be ready, given that the trial lasted two to three days, I estimated that the transcript should be available by year’s end. The date set for filing of Mr. Churchill’s factum is January 28, 2016, and for the Crown’s factum, February 23, 2016.

The hearing of the appeal is set for March 7, 2016 at 10:00 a.m. _________________________________________ B. G. Welsh J.A.