THUNDER BAY - After being sentenced less than three hours earlier, Brayden Bushby has filed an appeal on the manslaughter conviction but will remain in custody after a Court of Appeal for Ontario judge dismissed a motion for release pending the appeal.
A bail hearing was held virtually in the Court of Appeal for Ontario Monday afternoon where appeal attorney Mark Halfyard presented the motion to Justice Gladys Pardu requesting Bushby’s release from custody.
Justice Pardu said when weighing the balance between reviewability and enforceability, enforceability outweighed the factors in favour of release pending appeal.
Bushby was sentenced to eight years in a federal penitentiary Monday morning after being convicted of manslaughter for throwing a metal trailer hitch from a moving vehicle that struck Barbara Kentner in the abdomen on the night of Jan. 29, 2017.
Kentner died of her injuries five months later at the age of 34 and Justice Helen Pierce agreed with the Crown’s argument that the blunt force trauma of the impact ultimately led to her death.
Bushby pleaded guilty to the charge of aggravated assault prior to the trial, admitting that he did throw the trailer hitch that struck Kentner.
Following the sentencing hearing, Bushby was transferred to the Thunder Bay District Jail.
With credit of one month of pre-sentence custody served, Bushby will serve seven years and 11 months of his sentence.
Bushby was first released on bail in November 2017 following the initial charge.