R. v. Samardzich
- Citation
- 2003 BCCA 662
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- British Columbia Court of Appeal
- Decision
- 28 November 2003
- Posture
- Criminal Appeal (bail Review Application) / Application Under S.680(1) for Review of Bail Order
- Language
- English
More details
- Court
- British Columbia Court of Appeal
- Decision
- 28 November 2003
- Posture
- Criminal Appeal (bail Review Application) / Application Under S.680(1) for Review of Bail Order
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The application under s.680(1) of the Criminal Code was granted; the Court of Appeal directed that the bail refusal order be reviewed.
Court disposition
Application granted.
Orders
- Application under s.680(1) of the Criminal Code granted; direction that the order of 2 October 2003 refusing bail be reviewed by the Court of Appeal.
02
Material facts
Parties
Regina
RespondentMichael Anthony Samardzich
Appellant03
Procedural history
Posture
Criminal Appeal (bail Review Application) / Application Under S.680(1) for Review of Bail Order
04
Questions and positions
Legal issues
Whether the Court of Appeal should direct review of a judge's refusal of bail under s.680(1) of the Criminal Code
Party arguments
- Applicant
- Appellant applied under s.680(1) for a direction that the order of a judge pronounced 2 October 2003 refusing bail be reviewed by the Court of Appeal.
05
Court’s reasoning
Legal principles
- 01
Criminal Code s.680(1)
An application under s.680(1) permits the Court of Appeal to review a provincial judge's bail order.
06
Ratio, limits and disposition
Ratio decidendi
The application under s.680(1) of the Criminal Code was granted; the Court of Appeal directed that the bail refusal order be reviewed.
Court disposition
Application granted.
- Application under s.680(1) of the Criminal Code granted; direction that the order of 2 October 2003 refusing bail be reviewed by the Court of Appeal.
Source and reliance status
British Columbia Court of Appeal · 28 November 2003
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
British Columbia Court of Appeal
Judgment· 28 November 2003
2003BCCA0662.htm
COURT OF APPEAL FOR BRITISH COLUMBIA Citation: R. v. Samardzich, 2003 BCCA 662 Date: 20031128 Docket: CA31335 Between: Regina Respondent And Michael Anthony Samardzich Appellant Before: The Honourable Chief Justice Finch P.M. Kendall Written Submission of the Appellant filed November 3, 2003 Place and Date of Judgment: Vancouver, British Columbia November 28, 2003 Written Reasons by: The Honourable Chief Justice Finch Reasons for Judgment of the Honourable Chief Justice Finch: [1] The appellant applies under s.680(1) of the Criminal Code for a direction that the order of a judge pronounced 2 October 2003 refusing bail be reviewed by the Court of Appeal. [2] The application is granted. "The Honourable Chief Justice Finch"
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