R. v. Wright

R. v. Wright

Although the s.515(10)(c) factors (apparent strength, gravity, vulnerable victims, potential lengthy sentence) weighed in favour of detention, balancing all circumstances and applying the ladder principle, the Crown did not meet its burden to justify detention; the proposed sureties, cash/pledges and strict conditions (house arrest, electronic device and contact prohibitions, surrender of passport, weapon and substance bans, reporting) are sufficient to maintain public confidence in the administration of justice, therefore accused released on bail with strict conditions.

Citation
2019 NSSC 196
Parties
Crown: Her Majesty the Queen; Accused: Duncan Wright
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 June 2019
Procedural Posture
Criminal Bail (show Cause) / Bail Hearing (judicial Interim Release)
Outcome
Accused released on bail with conditions
Legal Topics
Judicial Interim Release, Section 515(10) Criminal Code, Charter S.11(d) and S.11(e), Ladder Principle, House Arrest, Sureties, Publication Restriction
Source Language
English
Criminal Law Bail/pre Trial Release Sexual Offences Child Exploitation Human Trafficking Prostitution Related Offences Evidence (similar Fact) Judicial Interim Release +6 more

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Parties

Her Majesty the Queen

Crown

Duncan Wright

Accused

Procedural Posture

Criminal Bail (show Cause) / Bail Hearing (judicial Interim Release)

Legal Issues

  1. 1 Whether detention is necessary under s.515(10)(a),(b) or (c) of the Criminal Code
  2. 2 Whether release would undermine confidence in the administration of justice
  3. 3 Whether proposed sureties, cash and conditions adequately mitigate risks of re-offending or interference with justice

Ratio Decidendi

Although the s.515(10)(c) factors (apparent strength, gravity, vulnerable victims, potential lengthy sentence) weighed in favour of detention, balancing all circumstances and applying the ladder principle, the Crown did not meet its burden to justify detention; the proposed sureties, cash/pledges and strict conditions (house arrest, electronic device and contact prohibitions, surrender of passport, weapon and substance bans, reporting) are sufficient to maintain public confidence in the administration of justice, therefore accused released on bail with strict conditions.

Court Disposition

Accused released on bail with conditions

Orders

  • Keep the peace and be of good behaviour.
  • Attend court as and when directed.