R. v. Dias

R. v. Dias

The court accepted the credible identification evidence of Y.L. and the absence of any record of permission from the bail supervisor for May 30; on those findings the court concluded the accused contravened the geographic condition and therefore, under s.524(3)(a), the release order had to be cancelled and the accused detained subject to s.515(10).

Citation
2023 BCSC 1384
Parties
Crown: Rex; Accused: Garcia Ribeiro Dias
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 August 2023
Procedural Posture
Criminal Bail/custody (s.524 Application) / Hearing on Crown Application to Cancel Release Order (s.524)
Outcome
Release order cancelled; accused ordered detained pending further justification under s.515(10)
Legal Topics
Section 524 Criminal Code, Release Conditions, Breach of Bail, Identification Evidence, Publication Ban S.486.4
Source Language
English
Criminal Law Bail and Custody Evidence Section 524 Criminal Code Release Conditions Breach of Bail Identification Evidence Publication Ban S.486.4

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Parties

Rex

Crown

Garcia Ribeiro Dias

Accused

Procedural Posture

Criminal Bail/custody (s.524 Application) / Hearing on Crown Application to Cancel Release Order (s.524)

Legal Issues

  1. 1 Whether the accused contravened his geographically restricted release condition on May 30, 2023
  2. 2 Whether mandatory cancellation of the release order is required under s.524(3)(a) of the Criminal Code
  3. 3 Assessment of credibility and reliability of identification and alibi evidence

Ratio Decidendi

The court accepted the credible identification evidence of Y.L. and the absence of any record of permission from the bail supervisor for May 30; on those findings the court concluded the accused contravened the geographic condition and therefore, under s.524(3)(a), the release order had to be cancelled and the accused detained subject to s.515(10).

Court Disposition

Release order cancelled; accused ordered detained pending further justification under s.515(10)

Orders

  • Release order cancelled pursuant to s.524 of the Criminal Code
  • Accused detained, subject to satisfying the Court that detention is no longer justified under s.515(10)