The breach file involving Keith Wiens was stayed by crown earlier this week.
As Castanet has previously reported, Wiens is trying to appeal his conviction in the shooting death of his wife. He had previously breached his bail conditions, which was not an issue while he was in jail, but became an issue in the appeal process.
According to Neil MacKenzie, communications counsel, Criminal Justice Branch, the charge was stayed because it no longer met Branch's charge assessment standard, in particular, the public interest requirement.
The crown took into account a number of factors in arriving at this conclusion, including the fact that Wiens had his bail revoked as a result of the alleged breach and that he was then held in custody prior to his conviction on the murder charge.
Wiens has now been convicted of murder and is serving a life sentence.
Taking all the relevant factors into account, crown concluded that continuing with the prosecution was not required in the public interest.
Any additional jail sentence that might have been imposed if Wiens were convicted of the alleged breach would have been served concurrently with the life sentence already in place.
Wiens is serving the life sentence for shooting his common law wife, Lynn Kalmring, in August of 2011.
He was released on recognizance of bail on Aug. 30, 2011, with various conditions after he was charged with Kalmring's death.
He was ordered to live with his brother, but the brother moved away in October. The Penticton RCMP subsequently made the arrest for breach, and Wiens has been in custody since.
While this matter has been stayed, Wiens is appealing his murder conviction.