Posted Monday, December 29, 2025:
R. v. Rosbergen,
2025 BCCA 466
–
2025/12/16
Court of Appeal
This is a review of the decision of a chambers judge in this Court to grant an appellant interim release pending the hearing of his appeal. The appellant was convicted of second degree murder and sentenced to life imprisonment with no eligibility for parole for 12 years. The Crown obtained leave from the Chief Justice pursuant to s.680(1) of the Criminal Code to have a division of this Court review the release order.
Held: Application for review allowed. The chambers judge made two material errors in finding that the appellant’s release would not undermine public confidence in the administration of justice. First, the judge failed to engage in a pointed assessment of the strength of the appeal. Second, the judge failed to consider the time the appellant would spend in custody pending the appeal in light of the overall length of the sentence imposed. Given the weak merits of the appeal, the seriousness of the offence, and the appellant’s moral culpability, there is a strong public interest in this case in seeing the sentence imposed without delay. The release order is set aside and the appellant is returned to custody.
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