Rozee v. Young

Rozee v. Young

The court found the applicant credible and satisfied the balance of probabilities that a pattern of harassment and intimidation (including the October 20, 2014 incident and prior conduct) gave the applicant reasonable grounds to fear for her safety, and therefore judicially exercised its discretion to order a 12‑month recognizance with specified no‑contact and communication conditions and a six‑month firearms prohibition under s.810(3.1).

Citation
2014 NSPC 109
Parties
Applicant: Robin Lynn Rozee; Respondent: Darrin Wayne Young
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 December 2014
Procedural Posture
Section 810 Application (criminal Code, Peace Bond) / Hearing and Decision
Outcome
Recognizance (peace bond) granted
Legal Topics
Section 810 Criminal Code, Firearms Prohibition (s.810(3.1)), Criminal Harassment (s.264), Recognizance/peace Bond
Source Language
English
Criminal Law Preventative Orders Family/harassment Law Section 810 Criminal Code Firearms Prohibition (s.810(3.1)) Criminal Harassment (s.264) Recognizance/peace Bond

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Parties

Robin Lynn Rozee

Applicant

Darrin Wayne Young

Respondent

Procedural Posture

Section 810 Application (criminal Code, Peace Bond) / Hearing and Decision

Legal Issues

  1. 1 Whether applicant had reasonable grounds to fear harm under s.810(1)
  2. 2 Whether court should exercise discretion to order a recognizance under s.810(3)
  3. 3 Whether a firearms prohibition should be ordered under s.810(3.1)

Ratio Decidendi

The court found the applicant credible and satisfied the balance of probabilities that a pattern of harassment and intimidation (including the October 20, 2014 incident and prior conduct) gave the applicant reasonable grounds to fear for her safety, and therefore judicially exercised its discretion to order a 12‑month recognizance with specified no‑contact and communication conditions and a six‑month firearms prohibition under s.810(3.1).

Court Disposition

Recognizance (peace bond) granted

Orders

  • Defendant to enter into a recognizance for 12 months in the amount of $500.00 without cash deposit or surety to justify
  • Keep the peace and be of good behaviour for 12 months