Dennis James Oland, et al. v. Her Majesty the Queen, et al.

(New Brunswick) (Criminal) (By Leave)


Criminal law.


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Criminal law - Judicial interim release or bail - Release after trial, pending appeal - Grounds for denial - Judge and jury convicted appellant of second degree murder of father - Appellant sentenced to life imprisonment without parole eligibility for 10 years - Motion by appellant for release pending appeal dismissed - Review of release pending appeal decision also dismissed - What is proper test for determining release pending appeal under s. 679(3) of Criminal Code? - What is standard applicable to review of release pending appeal decision under s. 680(1)? - Criminal Code, R.S.C., 1985, c. C-46, ss. 679(3) and 680(1).

The appellant, Mr. Oland, was tried for the second degree murder of his father by a judge sitting with a jury. Mr. Oland was convicted and sentenced to life imprisonment without eligibility for parole for 10 years. Mr. Oland filed a Notice of Appeal against his conviction in the New Brunswick Court of Appeal on January 20, 2016. On that same date, Mr. Oland filed a motion for release pending his appeal. The motion was dismissed by Richard J.A. and later, a three-member panel of the Court of Appeal confirmed that decision. Mr. Oland’s appeal against conviction is scheduled to be heard (before the New Brunswick Court of Appeal), in October 2016. In the meantime, Mr. Oland is appealing to this Court the release pending appeal decision only.