When a conviction is handed down, many feel the battle is lost. But in the Canadian legal system, the right to appeal is a vital safeguard—and the right to remain at liberty while that appeal is heard is a hard-fought legal battle in itself.
The team led by Joel Whysall (contributing his expertise as a recommended lawyer in the Doyle’s Guide) achieved a significant victory in the BC Court of Appeal, securing the release of Farshad Khojsteh Kashani on bail pending his appeal, despite strong opposition from the Crown.
What is Bail Pending Appeal (And Why is it Hard to Win?)
Winning bail pending appeal is exponentially more difficult than pre-trial bail. Once a person has been convicted and sentenced, the legal “presumption of innocence” is altered. In the Kashani case, the Crown argued vigorously against release, citing the serious nature of the sexual assault convictions.
Legal Strategy: The “Incentive to Win”
During the hearing, the Crown expressed concerns regarding public safety and flight risk Joel Whysall countered this by focusing on the client’s commitment to clearing his name. As reported by the CBC, Whysall argued that the client had every reason to stay and face the process:
“I say his incentive is to win his appeal,” Whysall stated, emphasizing that fleeing would forfeit any chance of overturning the conviction.
Justice Patrice Abrioux agreed, granting the application for release. The court established strict conditions, including a $200,000 surety and house arrest, ensuring that the public interest was protected while the client’s right to an appeal was preserved. This is now a leading case on bail pending appeal and is being cited by other judges across the country when deciding the issue.
A Legacy of Collective Expertise
This case highlights the importance of having a legal team that isn’t shy about taking on the most difficult applications.
Our team provided a robust framework for release that satisfied the court’s stringent requirements for public interest and flight risk. This victory highlights the combined precision of team skills, showing the level of advocacy required to win even when the Crown’s opposition is at its strongest.
Whether you are seeking bail pending appeal or need a comprehensive appeal strategy, experience at the appellate level is non-negotiable.
Facing a difficult appeal? Contact Mickelson, Whysall & Moore Law Group for a consultation on criminal appeals and high-stakes bail matters.
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