USA v. Banovic

USA v. Banovic

Detention was not warranted on any of the s.515(10) grounds. The court found primary risk of flight mitigated by expired passport, established residence and family ties in Oshawa and stringent conditions; secondary ground not met because change in circumstances (wife's serious illness, curtailed mobility and effective conditions) materially reduced substantial likelihood of reoffending; tertiary ground not met because the case, while serious, was not exceptional in the sense required to deny bail. Therefore release on strict conditions and cash bail of $100,000 was ordered.

Citation
2009 BCSC 1845
Parties
Respondent/requesting State: The Attorney General of Canada on behalf of the United States of America; Applicant/person Sought: Ivo Banovic
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 July 2009
Procedural Posture
Extradition / Detention Review (judicial Interim Release)
Outcome
Bail granted
Legal Topics
Judicial Interim Release, Primary Ground (flight Risk), Secondary Ground (public Safety/reoffending), Tertiary Ground (public Confidence), Wiretap Evidence, Organized Drug Trafficking, Residence and Ties, Bail Conditions
Source Language
English
Extradition Criminal Law Bail and Detention Judicial Interim Release Primary Ground (flight Risk) Secondary Ground (public Safety/reoffending) Tertiary Ground (public Confidence) Wiretap Evidence +3 more

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Parties

The Attorney General of Canada on behalf of the United States of America

Respondent/requesting State

Ivo Banovic

Applicant/person Sought

Procedural Posture

Extradition / Detention Review (judicial Interim Release)

Legal Issues

  1. 1 Whether detention justified under s.515(10)(a) primary ground (risk of flight)
  2. 2 Whether detention justified under s.515(10)(b) secondary ground (substantial likelihood of reoffending or interfering with administration of justice)
  3. 3 Whether detention justified under s.515(10)(c) tertiary ground (maintaining public confidence in administration of justice)

Ratio Decidendi

Detention was not warranted on any of the s.515(10) grounds. The court found primary risk of flight mitigated by expired passport, established residence and family ties in Oshawa and stringent conditions; secondary ground not met because change in circumstances (wife's serious illness, curtailed mobility and effective conditions) materially reduced substantial likelihood of reoffending; tertiary ground not met because the case, while serious, was not exceptional in the sense required to deny bail. Therefore release on strict conditions and cash bail of $100,000 was ordered.

Court Disposition

Bail granted

Orders

  • Cash bail set at $100,000
  • Defendant to keep the peace and be of good behaviour