R. v. Whynder-Ewing

R. v. Whynder-Ewing

On balance the accused discharged the reverse onus and showed cause under s.515(10). The court found Crown evidence not sufficiently overwhelming and jail calls/incident reports insufficient to establish a substantial likelihood of future offending that cannot be mitigated. Two parental sureties (father and mother) were found credible and able to bind the accused's conscience; girlfriend was rejected as a surety. Release was granted with strict conditions including house arrest at father's residence, electronic GPS monitoring via Jemtec, pledged surety amounts, no contact with identified witnesses, surrender of passport and other enumerated conditions to manage risk and maintain public...

Citation
2023 NSSC 96
Parties
Prosecutor/crown: His Majesty the King; Accused/defendant: Tyreece Alexander Whynder-Ewing
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 March 2023
Procedural Posture
Criminal Judicial Interim Release (show Cause) / Judicial Interim Release Hearing (pre Trial Bail)
Outcome
Accused granted judicial interim release with conditions
Legal Topics
Judicial Interim Release, Bail Conditions and Sureties, S.515(10) Grounds, S.493.2 Systemic Overrepresentation, Electronic Monitoring, Second Degree Murder
Source Language
English
Criminal Law Charter Law Bail and Pre Trial Detention Judicial Interim Release Bail Conditions and Sureties S.515(10) Grounds S.493.2 Systemic Overrepresentation Electronic Monitoring +1 more

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Parties

His Majesty the King

Prosecutor/crown

Tyreece Alexander Whynder-Ewing

Accused/defendant

Procedural Posture

Criminal Judicial Interim Release (show Cause) / Judicial Interim Release Hearing (pre Trial Bail)

Legal Issues

  1. 1 Whether accused rebutted presumption of detention for an s.469 listed offence and shown cause under s.515(10)
  2. 2 Whether release poses substantial likelihood of reoffending or interference with administration of justice (secondary ground)
  3. 3 Whether release would undermine public confidence in administration of justice (tertiary ground)

Ratio Decidendi

On balance the accused discharged the reverse onus and showed cause under s.515(10). The court found Crown evidence not sufficiently overwhelming and jail calls/incident reports insufficient to establish a substantial likelihood of future offending that cannot be mitigated. Two parental sureties (father and mother) were found credible and able to bind the accused's conscience; girlfriend was rejected as a surety. Release was granted with strict conditions including house arrest at father's residence, electronic GPS monitoring via Jemtec, pledged surety amounts, no contact with identified witnesses, surrender of passport and other enumerated conditions to manage risk and maintain public...

Court Disposition

Accused granted judicial interim release with conditions

Orders

  • Release on recognizance with two sureties (Tyson Whynder and Montiqua Ewing-Forde)
  • Tyson Whynder to pledge $70,000 equity by surety declaration