R. v. Callegarini

R. v. Callegarini

The bail review court found no error in the provincial judge's decision: the alleged subsequent breach of recognizance raised a triable issue, the accused's significant criminal record and history of non-compliance justified detention, and recantation by the complainant did not undermine the necessity of detention; therefore the application for release was dismissed and detention continued until trial conclusion.

Citation
2007 BCSC 1643
Parties
Crown: Regina; Accused: Ulderico Mario Callegarini
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 July 2007
Procedural Posture
Criminal Bail Review / Review of Detention Order Under S.520 Criminal Code
Outcome
Application dismissed; accused to remain detained
Legal Topics
Judicial Interim Release, Breach of Recognizance, Domestic Violence, Detention, Reverse Onus
Source Language
English
Criminal Law Bail and Pre Trial Judicial Interim Release Breach of Recognizance Domestic Violence Detention Reverse Onus

Case Brief

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Parties

Regina

Crown

Ulderico Mario Callegarini

Accused

Procedural Posture

Criminal Bail Review / Review of Detention Order Under S.520 Criminal Code

Legal Issues

  1. 1 Whether the provincial judge erred in detaining the accused on an alleged breach of recognizance
  2. 2 Whether the defence evidence was given sufficient weight on the show cause hearing
  3. 3 Whether the complainant's instability and recantation undermined the strength of the Crown's case

Ratio Decidendi

The bail review court found no error in the provincial judge's decision: the alleged subsequent breach of recognizance raised a triable issue, the accused's significant criminal record and history of non-compliance justified detention, and recantation by the complainant did not undermine the necessity of detention; therefore the application for release was dismissed and detention continued until trial conclusion.

Court Disposition

Application dismissed; accused to remain detained

Orders

  • Application for judicial interim release dismissed
  • Accused to remain in custody pending the continuation and conclusion of the outstanding trials