HMTQ v. Paquette

HMTQ v. Paquette

On the evidence the Crown established a substantial likelihood the accused would commit an offence or interfere with the administration of justice if released; considering the recent release from custody, the lawful search yielding a knife and victim property, and the unavailability of alibi witnesses, bail was properly denied under s.515(10).

Citation
2000 BCSC 536
Parties
Crown: Her Majesty the Queen; Accused: Jerry Robert Paquette
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 March 2000
Procedural Posture
Criminal Bail Application / Pre Trial Bail Hearing Under S.515(10) Criminal Code (in Chambers)
Outcome
Application dismissed; accused not released on bail and remanded in custody.
Legal Topics
Bail, S.515(10) Criminal Code, Interference With Administration of Justice, Public Safety, Identification, Alibi, Search and Seizure
Source Language
English
Criminal Law Bail and Pre Trial Procedure Bail S.515(10) Criminal Code Interference With Administration of Justice Public Safety Identification Alibi +1 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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty the Queen

Crown

Jerry Robert Paquette

Accused

Procedural Posture

Criminal Bail Application / Pre Trial Bail Hearing Under S.515(10) Criminal Code (in Chambers)

Legal Issues

  1. 1 Whether the accused should be released on bail under s.515(10) of the Criminal Code
  2. 2 Whether there is a substantial likelihood the accused will commit an offence or interfere with the administration of justice if released
  3. 3 Whether the Crown's identification and circumstantial case is sufficiently strong to oppose bail

Ratio Decidendi

On the evidence the Crown established a substantial likelihood the accused would commit an offence or interfere with the administration of justice if released; considering the recent release from custody, the lawful search yielding a knife and victim property, and the unavailability of alibi witnesses, bail was properly denied under s.515(10).

Court Disposition

Application dismissed; accused not released on bail and remanded in custody.

Orders

  • Application for bail dismissed
  • Accused to remain in custody pending trial scheduled to commence June 5, 2000