R. c. Mohamed

R. c. Mohamed

Bail pending appeal was granted because the applicant demonstrated the appeal is not frivolous, the public interest in allowing a review (given arguable grounds and substantial time already served) outweighs the interest in immediate enforcement, and the proposed supervision modeled on pre-trial conditions with an...

Source-derived case information.

Citation
2022 ONCA 124
Parties
Applicant: Mubarak Mohamed; Respondent: Her Majesty the Queen
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
1 February 2022
Procedural Posture
Criminal Appeal / Bail Pending Appeal (motion for Release)
Outcome
Granted bail pending appeal
Legal Topics
Bail Pending Appeal, Sexual Assault, Public Interest Criterion, Appeal Reviewability, Supervision and Sureties
Source Language
fr
Criminal Law Bail Pending Appeal Sexual Assault Public Interest Criterion Appeal Reviewability Supervision and Sureties

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Parties

Mubarak Mohamed

Applicant

Her Majesty the Queen

Respondent

Procedural Posture

Criminal Appeal / Bail Pending Appeal (motion for Release)

  1. 1 Whether detention is necessary in the public interest (public safety and public confidence)
  2. 2 Whether the appeal is futile or has sufficient arguable grounds
  3. 3 Whether the proposed supervision and sureties are adequate given prior breaches

Ratio Decidendi

Bail pending appeal was granted because the applicant demonstrated the appeal is not frivolous, the public interest in allowing a review (given arguable grounds and substantial time already served) outweighs the interest in immediate enforcement, and the proposed supervision modeled on pre-trial conditions with an additional surety sufficiently addresses public confidence and safety concerns.

Court Disposition

Granted bail pending appeal

Orders

  • Applicant released on bail pending appeal subject to conditions agreed by the parties resembling the pre-trial conditions
  • If the parties cannot agree on conditions, each party shall file a draft of proposed conditions