R. v. Denny

R. v. Denny

The court found a breach of an alcohol-abstention undertaking but concluded that imposing or enforcing an absolute alcohol-abstention condition would be unreasonable and potentially dangerous given the accused's addiction and the court's lack of authority to order treatment; therefore the prior undertaking was revoked and the accused discharged the burden to be released on a new undertaking with modified, specific conditions (address corrected, no contact, firearms prohibition, pre-employment program, and reporting to Addictions Services), and the accused was released.

Citation
2015 NSPC 49
Parties
Prosecution: Her Majesty the Queen; Accused: Hope Denny
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
29 July 2015
Procedural Posture
Criminal (bail/show Cause) / Show Cause / Bail Revocation Hearing (admission to Bail)
Outcome
Prior undertaking revoked; new undertaking granted and accused released on conditions
Legal Topics
Bail Revocation, Undertaking Conditions, Reverse Onus (s.515(6)(c)), Presumption of Innocence, Alcohol Abstention Conditions, Judicial Discretion on Adjournments, Addiction and Medical Risk
Source Language
English
Criminal Law Bail and Pre Trial Detention Constitutional Law Bail Revocation Undertaking Conditions Reverse Onus (s.515(6)(c)) Presumption of Innocence Alcohol Abstention Conditions +2 more

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Parties

Her Majesty the Queen

Prosecution

Hope Denny

Accused

Procedural Posture

Criminal (bail/show Cause) / Show Cause / Bail Revocation Hearing (admission to Bail)

Legal Issues

  1. 1 Whether the accused should be admitted to bail
  2. 2 Whether the prior undertaking should be revoked for breach (alcohol abstention)
  3. 3 Whether an alcohol-abstention condition is reasonable and constitutional given the accused's addiction

Ratio Decidendi

The court found a breach of an alcohol-abstention undertaking but concluded that imposing or enforcing an absolute alcohol-abstention condition would be unreasonable and potentially dangerous given the accused's addiction and the court's lack of authority to order treatment; therefore the prior undertaking was revoked and the accused discharged the burden to be released on a new undertaking with modified, specific conditions (address corrected, no contact, firearms prohibition, pre-employment program, and reporting to Addictions Services), and the accused was released.

Court Disposition

Prior undertaking revoked; new undertaking granted and accused released on conditions

Orders

  • Revoke undertaking #1749483
  • Accused released on an undertaking to return to court on 18 August 2015 at 9:30 a.m.