R. v. Fraser

R. v. Fraser

Accused did not discharge the reverse onus on the secondary ground: allegations describe serious, sophisticated organized cocaine trafficking committed while on bail for similar offences, evidence appears strong, and there is insufficient indication that rehabilitation and parole eligibility removed the substantial likelihood of re-offending; therefore detention is justified and bail is denied.

Citation
2009 BCSC 1246
Parties
Crown: Regina; Accused: Thomas Donald Fraser; Co Accused: Jason Jonathan Herrick; Co Accused: Brent Derrick Nagy; Co Accused: Margo Victoria Safadi; Co Accused: Mark Robert Zagar
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 April 2009
Procedural Posture
Criminal Judicial Interim Release (bail) / Fresh Bail Hearing Following Direct Indictment (judicial Interim Release)
Outcome
Application for judicial interim release dismissed; accused remanded in custody
Legal Topics
Judicial Interim Release, Reverse Onus, Section 515(10)(b) Criminal Code, Section 467.13(1) Criminal Code, Trafficking, Controlled Drugs and Substances Act
Source Language
English
Criminal Law Bail Law Organized Crime Drug Offences Judicial Interim Release Reverse Onus Section 515(10)(b) Criminal Code Section 467.13(1) Criminal Code +2 more

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Parties

Regina

Crown

Thomas Donald Fraser

Accused

Jason Jonathan Herrick

Co Accused

Brent Derrick Nagy

Co Accused

Margo Victoria Safadi

Co Accused

Mark Robert Zagar

Co Accused

Procedural Posture

Criminal Judicial Interim Release (bail) / Fresh Bail Hearing Following Direct Indictment (judicial Interim Release)

Legal Issues

  1. 1 Whether accused discharged reverse onus to show detention not justified
  2. 2 Whether there is substantial likelihood accused will re-offend if released (public safety)
  3. 3 Application of s.515(10)(b) secondary ground for detention

Ratio Decidendi

Accused did not discharge the reverse onus on the secondary ground: allegations describe serious, sophisticated organized cocaine trafficking committed while on bail for similar offences, evidence appears strong, and there is insufficient indication that rehabilitation and parole eligibility removed the substantial likelihood of re-offending; therefore detention is justified and bail is denied.

Court Disposition

Application for judicial interim release dismissed; accused remanded in custody

Orders

  • Application for judicial interim release dismissed
  • Accused remanded in custody pending trial