R. v Gushue

Decided: 2026-11-05. Docket: 202601H0064. Citation: 2026 NLCA 37 (CanLII). Criminal and statutory offences — Fraud — Guilty plea and sentence appeal context — Guilty plea to fraud over $5000 entered — Sentence included imprisonment, probation, restitution and prohibition — Appeal of conviction and sentence brought — Bail pending appeal sought under Criminal Code, s. 679(3) — Release pending appeal allowed | Procedure — Judicial interim release — Not frivolous criterion — Criminal Code, s. 679(3) — Whether appeal is not frivolous — Allegations of guilty plea under duress and judge not impartial — Threshold described as a very low bar requiring an arguable basis — Unable to assess late 2024 appearance without transcript or recording — Not frivolous criterion satisfied — Release pending appea