Appeal and Bail Hearings Results

The bail hearing stage of a criminal charge is often considered the most important part of a criminal proceeding. If a person has been arrested by the police or pursuant to a warrant they will be entitled to a bail hearing. A person not released with a Promise to Appear or Undertaking by the police generally must be taken before a Justice within 24 hours of their arrest.

In Canada, the Court will look at issues such as the risk that someone might not return to court, the risk of them committing further offences if they are released on bail as well as other factors such as the strength of the case against them. Getting released on bail can have a dramatic impact on a person’s ability to defend themselves on criminal charges as it is much easier to do so when not incarcerated waiting for a trial. It allows people to continue work or education and remain mentally and physically ready to deal with the challenges of defending oneself against criminal charges.

An Appeal is a process that generally opens after someone has been found guilty or been convicted of a criminal offence. Appeals must be filed within 30 days of the end of a case and will be either to the British Columbia Supreme Court or to the British Columbia Court of Appeal, depending on the mode of proceeding for the trial. Indictable charges are appealed to the B.C. Court of Appeal while Summary Conviction appeals go to the B.C. Supreme Court.

Appeals are based on the “record” of the trial and will involve a review of the transcript of the trial proceedings and an examination of exhibits that were filed at the trial.

Case Results

R. v. J.P. [2017]
Client in-custody and facing multiple charges of PPT for drugs and possession of firearms facing a reverse onus situation on bail hearing. Client also suffering from addiction issues which led to Mr. Shapray arranging for recovery house and comprehensive release plan – client RELEASED from jail pending trial.

RECOVERY HOUSE AND COMPREHENSIVE RELEASE PLAN.

R. v. J.M. [2017]
Client was facing an ARREST WARRANT and new charges of breaching a probation order and bail conditions for contact with the complainant. Discussions with the prosecutor in advance led to a change in position and arrangements being made for client to avoid formal arrest and to be released on bail conditions on consent.

NO FORMAL ARREST - RELEASED ON BAIL CONDITIONS.

R. v. W.L. [2015]
Police executed two search warrant at client's property in relation to allegations of overgrowing the number of plants allowed under medical marijuana provisions. Significant number of marijuana plants, firearms and large amounts of cash located. Mr. Shapray was retained and dealt quickly with police and Federal Crown prosecutor to deal with surrender and then bail hearing resulting on client being released on bail on day of surrender.

RELEASED ON BAIL.

R. v. A.S. [2015]
Client charged with domestic assault initially released with No Contact conditions with wife and business partner. Mr. Sharpay retained and was quickly able to get bail conditions amended to allow contact for the purposes of running business and later to permit client to move back into family home.

BAIL CONDITIONS AMENDED.

R. v. T.M. [2012]
Client on bail for domestic assault and firearms charges charged with breach of his bail conditions. Crown prosecutor took position at bail hearing that client should be detained in jail until trial. Mr. Shapray argued bail hearing before Judge who released client on similar terms to original bail release.

RELEASED ON BAIL.

R. v. D.D. [2009]
Client charged with stabbing released on bail and allowed to return to his home in Ontario pending trial in British Columbia.

RELEASED ON BAIL.

R. v. B.R. [2009]
Client charged with firearms possession after search warrant executed on home released on bail.

RELEASED ON BAIL.

R. v. P.L. [2009]
Client charged with attempted murder of wife released on bail.

RELEASED ON BAIL.

R. v. P.Z.C. [2008]
Client charged with fraud and identity theft released on bail after prosecutor argued for detention order pending trial.

RELEASED ON BAIL.

R. v. G.J. [2008]
Client charged with sexual assault released on bail - arrangements made for client to deal with arrest warrant without having to surrender into police custody.

RELEASED ON BAIL.

R. v. B.F. [2008]
Client facing forcible confinement and drug charges released on bail after spending 2 months in custody due to challenge to evidence and strength of the prosecutor's case.

RELEASED ON BAIL.

R. v. R.M. [2007]
Client released on bail in relation to serious drug and criminal organization charges.

RELEASED ON BAIL.