R. v. Moir

R. v. Moir

The court granted bail because the accused met his burden under s.515(10); although the Crown's case is strong and there were breaches of bail and a prison drug possession matter, those factors did not establish a substantial likelihood of reoffending or interfering with justice (secondary ground) nor did they amount to the exceptional constellation of factors required to deny bail on the tertiary ground; strict conditions were adequate to protect public safety and maintain confidence.

Citation
2013 BCSC 1696
Parties
Crown: Regina; Accused/applicant: Dustin Blue Robert Moir; Co Accused/related: Jesse Blue West; Victim: Chelsey Acorn
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 August 2013
Procedural Posture
Criminal First Degree Murder; Judicial Interim Release (bail) Application / Judicial Interim Release Pending New Trial (post‑appeal; Retrial Anticipated)
Outcome
Bail granted pending new trial
Legal Topics
Judicial Interim Release, Secondary Ground (s.515(10)(b)), Tertiary Ground (s.515(10)(c)), Mr. Big Undercover Operations, Witness Interference, Publication Ban
Source Language
English
Criminal Law Bail and Pre‑trial Release Evidence Law Judicial Interim Release Secondary Ground (s.515(10)(b)) Tertiary Ground (s.515(10)(c)) Mr. Big Undercover Operations Witness Interference +1 more

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Parties

Regina

Crown

Dustin Blue Robert Moir

Accused/applicant

Jesse Blue West

Co Accused/related

Chelsey Acorn

Victim

Procedural Posture

Criminal First Degree Murder; Judicial Interim Release (bail) Application / Judicial Interim Release Pending New Trial (post‑appeal; Retrial Anticipated)

Legal Issues

  1. 1 Whether detention is necessary on the secondary ground because the accused is likely to commit an offence or interfere with the administration of justice
  2. 2 Whether detention is necessary on the tertiary ground to maintain public confidence given the seriousness of the offence and the strength of the Crown's case
  3. 3 Whether the accused satisfied the burden imposed on an accused charged with murder under s.515(10) to show detention is not necessary

Ratio Decidendi

The court granted bail because the accused met his burden under s.515(10); although the Crown's case is strong and there were breaches of bail and a prison drug possession matter, those factors did not establish a substantial likelihood of reoffending or interfering with justice (secondary ground) nor did they amount to the exceptional constellation of factors required to deny bail on the tertiary ground; strict conditions were adequate to protect public safety and maintain confidence.

Court Disposition

Bail granted pending new trial

Orders

  • Recognizance in the amount of $200,000 with one surety
  • Keep the peace and be of good behaviour