What is the test for a judge to order that an appellant be released from custody pending appeal?

Newfoundland and Labrador, Canada


The following excerpt is from R. v Bennett, 2015 CanLII 46338 (NL PC):

In United States v. Patterson, 2015 BCCA 327, at paragraph 30, it was held, in the context of section 679(3)(b) of the Criminal Code (“[T]he judge of the court of appeal may order that the appellant be released pending the determination of his appeal if the appellant establishes that…(b) he will surrender himself into custody in accordance with the terms of the order.”), that “the ultimate question with regard to s. 679(3)(b) is simple: is the applicant at risk of absconding if he or she were to be released pending appeal? The question of whether an applicant will surrender himself into custody is fact-specific and requires an inquiry in the totality of the circumstances. Specifically, this includes: age; state of health; employment status; and general family circumstances.”

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