Judge approves request for appeal in sexual assault case, Lyle Howe released from custody

On May 31, Halifax defence lawyer Lyle Howe was convicted of sexually assaulting a 19-year-old woman in 2011, and two months later, he was sentenced to three years in jail.

Yesterday, his lawyer Phil Star, requested an appeal at the Nova Scotia Court of Appeal, and the Crown did not oppose the application.

Star told Global Halifax the judge agreed to release Howe from custody pending the appeal on a few conditions.

“There’s remaining in Nova Scotia unless travelling to Toronto to see his lawyer, there’s a curfew unless he’s in the company of one of his sureties, and no contact with certain named individuals,” he said.

Crown attorney Mark Scott said there were no red flags preventing the judge from agreeing to the request for an appeal.

“It’s clear from the history of proceedings that he was not a flight risk, he’s got roots in the community, and there were no indications of any types of breaches or failure to attend throughout the court process.”

The appeal isn’t expected to be heard in court until sometime in 2015.

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