Date: 20111214 Docket: 11/86 Citation: R. v. Lundrigan , 2011 NLCA 80 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : DAKOTA LUNDRIGAN APPELLANT/APPLICANT AND : HER MAJESTY THE QUEEN RESPONDENT Coram: Welsh, J.A. Court Appealed From: Provincial Court of Newfoundland and Labrador Judicial Centre at Grand Bank Application Heard: December 14, 2011 Oral Judgment Rendered: December 14, 2011 Memorandum of Disposition Filed: December 14, 2011 Counsel for the Appellant/Applicant: John Brown Counsel for the Respondent: Stephen R.

Dawson MEMORANDUM OF DISPOSITION Welsh, J.A.: [ 1 ] Dakota Lundrigan pleaded guilty to and was convicted of two counts of break and enter into business premises contrary to

section 348 of the Criminal Code . The offences occurred on January 10, 2010 and February 4, 2010. Mr. Lundrigan was sentenced to terms of imprisonment of eight and six months to be served consecutively. He has appealed against sentence only and has applied for judicial interim release pending hearing of the appeal. [ 2 ] At the hearing of the application for judicial interim release, I began by first granting leave to appeal as required under section

679(1) (

b) of the Criminal Code ( Bailey v. R. , 2008 NLCA 5 ). I accepted the Crown’s concession that it is at least arguable that, in the circumstances of this case, a term of imprisonment of eight months for the first offence is demonstrably unfit. Therefore, it cannot be said that there is no arguable basis for the appeal. [ 3 ] Further, at the hearing I granted judicial interim release pending the appeal. The Crown consented to the release upon conditions which I endorsed. [ 4 ] In the result, leave to appeal and judicial interim release were granted. The appeal is set to be heard on February 6, 2012. B. G. Welsh, J.A.