R. v. PFT, 2013 NLCA 40

Date: 20130618 Docket: 13/37 Citation: R. v. PFT , 2013 NLCA 40 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR COURT OF APPEAL BETWEEN : P.F.T. APPLICANT AND : HER MAJESTY THE QUEEN RESPONDENT Coram: Welsh J.A. Court Appealed From: Provincial Court of Newfoundland and Labrador Clarenville Application Heard: June 18, 2013 Decision Rendered: June 18, 2013 (Orally) Memorandum of Disposition Filed: June 19, 2013 Counsel for the Appellant: Derek Hogan Counsel for the Respondent: Frances Knickle MEMORANDUM OF DISPOSITION Welsh J.A.: [ 1 ] P.F.T. applied for judicial interim release pending the appeal of his conviction and sentence for sexual interference contrary to

section 151 of the Criminal Code . The Crown opposed release relying solely on the ground that the appeal is frivolous ( section 679(3) (

a) of the Criminal Code ). [ 2 ] Having read the materials filed and having heard counsel for P.F.T. and for the Crown, I ordered that P.F.T. be granted judicial interim release. While the Crown provided helpful submissions as to why the appeal is frivolous, I was persuaded that it cannot be said that there is no arguable case. Counsel for P.F.T. pointed to statements made by the trial judge which, if construed as suggested by counsel, could provide a basis for granting the appeal.

While the appeal against sentence was not addressed by counsel for purposes of this application, I note in passing that the unusual circumstances regarding P.F.T.’s status as a young offender at the time of the offence, coupled with the passage of time before the charge was laid, could be said to raise arguable issues on appeal. [ 3 ] Counsel agreed with minimal conditions for release. However, the Crown requested the posting of a surety. I determined that such a requirement was unnecessary. P.F.T. is now forty years of age.

His most recent charge is the one under appeal which occurred when he was sixteen years of age. He is employed and has ties to the community. He abided by similar conditions when on judicial interim release pending his trial. In the circumstances, I did not consider that a surety was a necessary condition. [ 4 ] To allow time for preparation of the transcript involving a one-day trial with four witnesses, it was agreed that counsel for P.F.T. would file his factum no later than Friday, September 20, 2013, and counsel for the Crown would file no later than Friday,

October 25, 2013. The appeal is set to be heard on Wednesday, November 6, 2013 at 10:00 a.m. ______________________________ B. G. Welsh J.A.