HMTQ v. Rhodes

HMTQ v. Rhodes

The accused satisfied s.515(10) because there was no primary or significant secondary risk given her ties, compliance history and reported sobriety, and the legitimate tertiary concern arising from the seriousness of the charge was addressed by stringent, specific conditions ($100,000 recognizance, $75,000 surety, intermittent detention during trial weeks, residence and movement restrictions, abstinence and testing), therefore judicial interim release was granted.

Citation
2002 BCSC 665
Parties
Crown: Her Majesty The Queen; Accused: Dawnna Joy Rhodes
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
27 March 2002
Procedural Posture
Criminal Murder Charge / Bail Hearing (judicial Interim Release) During Trial; Jury Selected; Trial Underway
Outcome
Judicial interim release granted
Legal Topics
Judicial Interim Release, Conditions of Release, Intermittent Detention, Surety, Tertiary Ground (public Confidence)
Source Language
English
Criminal Law Bail and Judicial Interim Release Pre Trial Procedure Judicial Interim Release Conditions of Release Intermittent Detention Surety Tertiary Ground (public Confidence)

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 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Her Majesty The Queen

Crown

Dawnna Joy Rhodes

Accused

Procedural Posture

Criminal Murder Charge / Bail Hearing (judicial Interim Release) During Trial; Jury Selected; Trial Underway

Legal Issues

  1. 1 Whether the accused has satisfied s.515(10) Criminal Code for judicial interim release
  2. 2 Whether detention is justified on primary, secondary or tertiary grounds
  3. 3 Appropriateness of stringent conditions (recognizance, surety, intermittent detention, residence restrictions) to mitigate risks

Ratio Decidendi

The accused satisfied s.515(10) because there was no primary or significant secondary risk given her ties, compliance history and reported sobriety, and the legitimate tertiary concern arising from the seriousness of the charge was addressed by stringent, specific conditions ($100,000 recognizance, $75,000 surety, intermittent detention during trial weeks, residence and movement restrictions, abstinence and testing), therefore judicial interim release was granted.

Court Disposition

Judicial interim release granted

Orders

  • Accused released on recognizance in the amount of $100,000.00
  • One surety acceptable to the Justice of the Peace, Vera Mertz, in the amount of $75,000.00