R. v. Adams
- Citation
- 2006 BCCA 541
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 4 December 2006
- Posture
- Criminal Bail Review / Application for Directions Under S.680 Criminal Code
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 4 December 2006
- Posture
- Criminal Bail Review / Application for Directions Under S.680 Criminal Code
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court concluded there was no prospect of success on a bail review hearing and therefore dismissed the application for directions under s.680; absence of a realistic prospect of success justified refusal to order review or grant bail pending appeal.
Court disposition
Application dismissed
Orders
- Application for directions under s.680 dismissed
- No direction granted to review the orders dated 18 July 2006 (Lowry J.) and 16 August 2006 (Hall J.)
02
Material facts
Parties
Regina
Respondent Counsel: F.G. TischlerNeil Vernon Adams
Appellant Counsel: In PersonAmounts and remedies
- Sentence Length: months 18
03
Procedural history
Posture
Criminal Bail Review / Application for Directions Under S.680 Criminal Code
04
Questions and positions
Legal issues
- 01
Whether the orders dismissing bail pending appeal should be reviewed under s.680 of the Criminal Code
- 02
Whether there is a prospect of success on appeal sufficient to justify bail pending appeal
Party arguments
- Applicant
- Applicant sought a direction under s.680 that two orders dismissing his bail applications be reviewed by a Division of this Court and effectively sought bail pending appeal after conviction and sentence.
- Respondent
- Respondent opposed the application, submitting there was no prospect of success on a bail review hearing and therefore no basis to grant the requested direction or bail.
05
Court’s reasoning
Legal principles
- 01
Criminal Code, R.S.C., s.680
Section 680 provides for review by a Court of Appeal division of orders affecting bail
- 02
Appellate jurisprudence / common law principle
Bail pending appeal requires a sufficient prospect of success on appeal to justify release
06
Ratio, limits and disposition
Ratio decidendi
The court concluded there was no prospect of success on a bail review hearing and therefore dismissed the application for directions under s.680; absence of a realistic prospect of success justified refusal to order review or grant bail pending appeal.
Court disposition
Application dismissed
- Application for directions under s.680 dismissed
- No direction granted to review the orders dated 18 July 2006 (Lowry J.) and 16 August 2006 (Hall J.)
Source and reliance status
British Columbia Court of Appeal · 4 December 2006
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
British Columbia Court of Appeal
Judgment· 4 December 2006
2006 BCCA 541 R. v. Adams
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: R. v. Adams, 2006 BCCA 541 Date: 20061204 Docket: CA33925 Between: Regina Respondent And Neil Vernon Adams Appellant BAIL REVIEW UNDER SECTION 680 OF THE CRIMINAL CODE Before: The Honourable Chief Justice Finch (In Chambers) In Person The Appellant F.G. Tischler Counsel for the Respondent Date of the Appellant's Written Submission: Date of the Respondent's Written Submission: 26 September 2006 6 October 2006 Place and Date of Judgment: Vancouver, British Columbia 4 December 2006 Reasons for Judgment of the Honourable Chief Justice Finch: [1] Mr. Adams applies under Section 680 of the Criminal Code for a direction that the Order of Mr. Justice Lowry made on 18 July 2006, and the Order of Mr. Justice Hall made 16 August 2006, both dismissing his applications for bail pending appeals from conviction and sentence, be reviewed by a Division of this Court. [2] Mr. Adams was convicted on 27 January 2006 of dangerous driving causing death, and sentenced on 17 March 2006 to 18 months in custody. [3] I have read and considered all of the material submitted on this application for directions. In my opinion there is no prospect of success on a bail review hearing. [4] The application for directions is dismissed. "The Honourable Chief Justice Finch"
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