McGibbon v The Queen

Sylvia May McGibbon made an application for bail pending the hearing of charges under the Criminal Code. McGibbon was already on bail for a charge of attempted murder and was later charged with aggravated burglary and assault occasioning bodily harm. The charges for which bail was sought were alleged to have been committed while McGibbon was on bail for the attempted murder charge. The Crown opposed the bail application. The primary issue before the court was whether McGibbon had demonstrated exceptional reasons to justify the grant of bail, in light of the Bail Act's requirements and relevant legal principles. The court found that the charges were serious, and the evidence against McGibbon was likely to be compelling. The concerns about the health of McGibbon's father and daughter, while understandable, were not deemed exceptional reasons for granting bail. The court also considered the potential impact of McGibbon's release on the integrity of the trial process and the safety of the community. Given these factors, the court concluded that McGibbon had not demonstrated exceptional reasons for bail. The application for bail was therefore refused.