R. v. Terezakis

R. v. Terezakis

The judge found on the balance of evidence that continued pre-trial detention was necessary under the secondary ground (s.515(10)(b)) because there remained a substantial likelihood the accused would commit offences endangering public safety if released and proposed conditions and sureties would not adequately mitigate that risk given the intercepted communications, videotapes, prior breaches of bail and the accused's dominant alleged role in an organized trafficking operation.

Citation
2005 BCSC 1229
Parties
Crown: Regina; Accused: Anthony Terezakis; Co Accused: Andrew Goosen; Co Accused: Sean Craig Casselman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 August 2005
Procedural Posture
Criminal / Bail Application (judicial Interim Release; Pre Trial Detention Review)
Outcome
Application for judicial interim release denied; continued detention ordered on secondary ground under s.515(10)(b).
Legal Topics
Bail (s.515 Criminal Code), Secondary Ground (public Safety), Tertiary Ground (confidence in Administration of Justice), Criminal Organization, Drug Trafficking, Assault and Unlawful Confinement, Admissibility of Intercepted Communications and Videotapes, Presumption of Innocence
Source Language
English
Criminal Law Bail and Pre Trial Detention Criminal Organization Law Evidence Bail (s.515 Criminal Code) Secondary Ground (public Safety) Tertiary Ground (confidence in Administration of Justice) Criminal Organization +4 more

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Parties

Regina

Crown

Anthony Terezakis

Accused

Andrew Goosen

Co Accused

Sean Craig Casselman

Co Accused

Procedural Posture

Criminal / Bail Application (judicial Interim Release; Pre Trial Detention Review)

Legal Issues

  1. 1 Whether continued pre-trial detention is justified under s.515(10)(b) (secondary ground)
  2. 2 Whether tertiary ground under s.515(10)(c) is engaged
  3. 3 Whether proposed conditions and sureties would adequately mitigate risk of re-offending

Ratio Decidendi

The judge found on the balance of evidence that continued pre-trial detention was necessary under the secondary ground (s.515(10)(b)) because there remained a substantial likelihood the accused would commit offences endangering public safety if released and proposed conditions and sureties would not adequately mitigate that risk given the intercepted communications, videotapes, prior breaches of bail and the accused's dominant alleged role in an organized trafficking operation.

Court Disposition

Application for judicial interim release denied; continued detention ordered on secondary ground under s.515(10)(b).

Orders

  • Application for release denied; accused to remain in custody pending trial