R. v. Bhullar

R. v. Bhullar

Section 525 is not available to a detainee who has entered guilty pleas because the provision applies only where trial has not commenced; relief from detention pending sentencing must be sought under s.523(2)(a), and therefore the s.525 application is adjourned generally to preserve rights if the pleas are later struck.

Citation
2016 BCSC 2506
Parties
Crown: Regina; Accused: Rajdeep Singh Bhullar
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 October 2016
Procedural Posture
Criminal Detention Review Under S.525 Criminal Code / S.525 Application Following Guilty Pleas; Awaiting Sentencing; Application Adjourned Generally
Outcome
Application under s.525 adjourned generally; court finds s.525 unavailable while guilty pleas stand and identifies s.523(2)(a) as the proper avenue for review of detention pending sentencing
Legal Topics
Section 525 Criminal Code, Section 523(2)(a) Criminal Code, Pre Trial Detention Review, Effect of Guilty Plea on Detention Review, Vacatur of Interim Release Orders
Source Language
English
Criminal Law Procedural Law Bail and Detention Sentencing Section 525 Criminal Code Section 523(2)(a) Criminal Code Pre Trial Detention Review Effect of Guilty Plea on Detention Review +1 more

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Parties

Regina

Crown

Rajdeep Singh Bhullar

Accused

Procedural Posture

Criminal Detention Review Under S.525 Criminal Code / S.525 Application Following Guilty Pleas; Awaiting Sentencing; Application Adjourned Generally

Legal Issues

  1. 1 Whether s.525 Criminal Code applies to a detainee who has entered guilty pleas but is not yet sentenced
  2. 2 Whether relief from continued detention pending sentencing is available under s.525 or s.523(2)(a)
  3. 3 Whether the Crown/Warden may seek a s.525 review despite guilty pleas

Ratio Decidendi

Section 525 is not available to a detainee who has entered guilty pleas because the provision applies only where trial has not commenced; relief from detention pending sentencing must be sought under s.523(2)(a), and therefore the s.525 application is adjourned generally to preserve rights if the pleas are later struck.

Court Disposition

Application under s.525 adjourned generally; court finds s.525 unavailable while guilty pleas stand and identifies s.523(2)(a) as the proper avenue for review of detention pending sentencing

Orders

  • Application under s.525 adjourned generally
  • Finds s.525 does not apply while guilty pleas stand