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Tom Rees | Criminal Defence Lawyer Winnipeg

Michael Sona is Released on Bail Pending Appeal

Michael Sona, the Conservative Staffer convicted in the Robocall scandal, was released by the Ontario Court of Appeal on bail pending the appeal of his conviction, and eventually of his sentence. Mr. Sona was sentenced to nine months of custody.

The Court reviewed the test for a release under the Criminal Code:

[8] Under s. 679(3) of the Criminal Code, R.S.C. 1985, c. C-46, Mr. Sona must satisfy this court that: (i) his appeal is not frivolous; (ii) he will surrender into custody in accordance with the terms of the release order; and (iii) his detention is not necessary in the public interest. (R. v. Sona, 2014 ONCA 859)

The Court found that Mr. Sona’s appeal was not frivolous, he is not a flight risk, and his detention is not necessary in the public interest. The Crown is not opposing his application for leave to appeal his sentence, and they are assuming leave will be granted.

The ultimate objective in sentencing is to arrive at one that is fit and proper given the specific offender and the specific offence. In a very thorough and thoughtfully reasoned decision, the trial judge decided that nine months’ imprisonment is a fit and proper sentence for Mr. Sona.

The Judge noted that Mr. Sona was a youthful, first-time offender, and that he suffered hardship as a result of the charge, and the public attention and national media attention. It was also found that Mr. Sona is a very low risk to reoffend.