Summary

40610

Robyn Cove v. His Majesty the King

(Ontario) (Criminal) (By Leave)

(Publication ban in case)

Keywords

Criminal law — Trial — Judicial interim release — Evidence at bail hearing — What role does admissibility of evidence at trial play in assessment of strength of prosecution’s case when assessing grounds for judicial interim release — Are bail judges restricted to examining whether evidence is credible or trustworthy when determining strength of Crown’s case or should admissibility issues affecting the viability of prosecution be considered — Can evidence that is categorically inadmissible against accused at trial bolster strength of Crown’s case at a bail hearing?

Summary

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(PUBLICATION BAN IN CASE)

Mr. Cove is charged with first degree murder and is being held in custody pending trial. He applied for judicial interim release. Goodman J. denied bail and ordered that Mr. Cove should continue to be detained pending trial. Doherty J.A. dismissed an application to review the detention order.

Lower Court Rulings

October 3, 2022
Ontario Superior Court of Justice

2022 ONSC 5545, CR-22-521
Judicial interim release pending trial for first degree murder denied
December 14, 2022
Court of Appeal for Ontario

2022 ONCA 877, COA-22-OM-0053
Application for review dismissed