R. v. Hatamiboldaji

R. v. Hatamiboldaji

The court found on the evidence that the accused contravened his release order at Park Royal, rejected his explanation as implausible and unsubstantiated, and concluded that, given the serious substantive charges, repeated prior breaches and prior judicial findings about his propensity to ignore conditions,...

Source-derived case information.

Citation
2023 BCSC 1889
Parties
Crown: Rex; Accused: Danesh Hatamiboldaji
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 June 2023
Procedural Posture
Criminal / Judicial Interim Release Hearing
Outcome
Release order cancelled; accused detained on secondary and tertiary grounds pending trial.
Legal Topics
Contravention of Release Order, Secondary and Tertiary Grounds for Detention, Breach of Bail Conditions, Reverse Onus, Protection of Complainant, Judicial Interim Release
Source Language
english
Criminal Law Bail and Detention Sexual Offences Domestic Violence Contravention of Release Order Secondary and Tertiary Grounds for Detention Breach of Bail Conditions Reverse Onus +2 more

Source-derived case record

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Parties

Rex

Crown

Danesh Hatamiboldaji

Accused

Procedural Posture

Criminal / Judicial Interim Release Hearing

Legal Issues

  1. 1 Whether there are reasonable and probable grounds that the accused contravened his release order under s.524(3)
  2. 2 Whether the accused's release order should be cancelled under s.524(2)(a)
  3. 3 Whether the accused should be detained on the secondary and tertiary grounds pending trial

Ratio Decidendi

The court found on the evidence that the accused contravened his release order at Park Royal, rejected his explanation as implausible and unsubstantiated, and concluded that, given the serious substantive charges, repeated prior breaches and prior judicial findings about his propensity to ignore conditions, cancellation of the release order and detention on the secondary and tertiary grounds was necessary to protect the complainant and maintain public confidence; the accused failed to show cause under s.515(10).

Court Disposition

Release order cancelled; accused detained on secondary and tertiary grounds pending trial.

Orders

  • Release order cancelled.
  • Accused detained on the secondary and tertiary grounds pending the completion of his trial.