United States v. Randhawa

United States v. Randhawa

The accused satisfied the onus to demonstrate that detention was unnecessary under s. 515(10); factors supporting release included lack of criminal record, strong family and community ties, stable employment, age of alleged offences, unavailability of co-conspirators to assist, and weak identification and hearsay evidence. Accordingly, release was granted subject to strict conditions to mitigate flight and safety risks.

Citation
2014 BCSC 1317
Parties
Requesting State: Attorney General of Canada on behalf of the United States of America; Person Sought: Alvin Randhawa, a.k.a. Junior; Person Sought: Patrick Bacon a.k.a. Joe the Welder; Person Sought: Michael Pembroke; Person Sought: Mike Braden; Person Sought: Johnny English
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 May 2014
Procedural Posture
Extradition Proceedings Under the Extradition Act / Judicial Interim Release (bail) Hearing in Extradition Matter
Outcome
Judicial interim release granted for Alvin Randhawa on conditions
Legal Topics
Judicial Interim Release, Bail Conditions, Flight Risk, Tertiary Ground for Detention, Identification Evidence, Committal for Extradition
Source Language
English
Extradition Criminal Law Controlled Drugs and Substances Judicial Interim Release Bail Conditions Flight Risk Tertiary Ground for Detention Identification Evidence +1 more

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Parties

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

Requesting State

Alvin Randhawa, a.k.a. Junior

Person Sought

Patrick Bacon a.k.a. Joe the Welder

Person Sought

Michael Pembroke

Person Sought

Mike Braden

Person Sought

Johnny English

Person Sought

Procedural Posture

Extradition Proceedings Under the Extradition Act / Judicial Interim Release (bail) Hearing in Extradition Matter

Legal Issues

  1. 1 Whether detention is necessary under s. 515(10) of the Criminal Code (primary, secondary or tertiary grounds)
  2. 2 Whether the case against the accused is sufficiently strong to justify detention
  3. 3 Whether the accused is a flight risk or a danger to the public

Ratio Decidendi

The accused satisfied the onus to demonstrate that detention was unnecessary under s. 515(10); factors supporting release included lack of criminal record, strong family and community ties, stable employment, age of alleged offences, unavailability of co-conspirators to assist, and weak identification and hearsay evidence. Accordingly, release was granted subject to strict conditions to mitigate flight and safety risks.

Court Disposition

Judicial interim release granted for Alvin Randhawa on conditions

Orders

  • $250,000 surety to be posted by the father and mother of the accused
  • Accused to reside with his parents and not change residence without notice