An associate professor in the University of New Brunswick’s faculty of law believes chances are slim when it comes to Dennis Oland getting bail pending his appeal, however she says there’s not really any way to predict it for certain.
Nicole O’Byrne says chances are slim because the grounds for appeal from a jury trial are not robust and public confidence when it comes to the administration of justice would likely be shaken if someone convicted of murder were released pending an appeal.
She says that’s generally the case in first degree murder cases because the sense is the person is a convicted murderer who has been judged guilty by his peers and it would be seen as safer for the community to let the person stay in custody until the legal questions are determined on the appeal.
“The defence will definitely argue against that, by saying look, these questions law they might not have been determined properly and we have the potential for the conviction to be overturned and that will outweigh it,” says O’Byrne who adds that these are very complex questions and they’re very contextual.
Dennis Oland was convicted of second-degree murder in the bludgeoning death of his father on December 19 of last year. The bail hearing is being held this Friday morning in Fredericton, one day after he is scheduled to be sentenced.
