R. v. Borden

Parties

Procedural Posture

Criminal / Bail Review (review of Judicial Interim Release Order)

Legal Issues

1. 1 Whether detention was justified under s.515(10) of the Criminal Code
2. 2 Whether the bail judge erred in law or misapprehended evidence such that the detention order should be set aside on review under s.520
3. 3 Whether new evidence or a material change in circumstances justified overturning the bail denial

Ratio Decidendi

The review court concluded there was evidence before the bail judge on which a reasonable judge could find detention necessary under s.515(10)(a) and (b): serious charges of attempted murder and related offences, the accused's significant history of violent convictions and numerous breaches, and the facts of the alleged offence; there was no new evidence or material change in circumstances sufficient to displace the bail judge's decision, therefore the detention order was properly upheld and the review application dismissed.

Court Disposition

Application for review dismissed; detention order denying bail upheld; accused remanded in custody.

Orders

• Dismissed the application to review the bail order of August 12, 2013
• Upheld the detention order pursuant to Criminal Code s.515(10) and confirmed that bail is denied