R. v. Hayes

R. v. Hayes

The trial judge revoked judicial interim release because the jury convictions for breaking and entering with uttering a death threat (intimate partner violence) and careless use/storage of a firearm constituted a manifest change in circumstances materially affecting security and public safety, and s.523(1)(b)(ii) authorizes revocation post-conviction prior to sentencing without the Crown showing cause.

Citation
2025 BCSC 2187
Parties
Crown: Rex; Accused: Stephen Daniel Hayes
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 October 2025
Procedural Posture
Criminal / Post Conviction, Pre Sentencing Judicial Interim Release Hearing
Outcome
Judicial interim release revoked; accused remanded into custody pending sentencing
Legal Topics
Revocation of Bail Under S.523(1)(b)(ii), Judicial Fact Finding After a Jury (s.724(2)), Intimate Partner Violence as Bail Factor, Careless Use of a Firearm (s.86), Breaking and Entering With Intent to Utter Threats, Section 520 Review and Release Plans
Source Language
English
Criminal Law Bail and Judicial Interim Release Sentencing Firearms Offences Family and Domestic Violence Revocation of Bail Under S.523(1)(b)(ii) Judicial Fact Finding After a Jury (s.724(2)) Intimate Partner Violence as Bail Factor +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Rex

Crown

Stephen Daniel Hayes

Accused

Procedural Posture

Criminal / Post Conviction, Pre Sentencing Judicial Interim Release Hearing

Legal Issues

  1. 1 Whether the trial judge may revoke judicial interim release under s.523(1)(b)(ii) after conviction and before sentencing without the Crown showing cause
  2. 2 Whether the convictions and facts (intimate partner violence, uttering a death threat, careless storage/use of a firearm) constitute a manifest change in circumstances warranting revocation of release
  3. 3 The relevance of jurisprudence on post-jury judicial fact-finding for sentencing (R. v. Ferguson; R. v. Sheppard) to a bail revocation decision

Ratio Decidendi

The trial judge revoked judicial interim release because the jury convictions for breaking and entering with uttering a death threat (intimate partner violence) and careless use/storage of a firearm constituted a manifest change in circumstances materially affecting security and public safety, and s.523(1)(b)(ii) authorizes revocation post-conviction prior to sentencing without the Crown showing cause.

Court Disposition

Judicial interim release revoked; accused remanded into custody pending sentencing

Orders

  • Judicial interim release revoked pursuant to Criminal Code s.523(1)(b)(ii)
  • Accused remanded into custody pending sentence