R. v. A.D.

R. v. A.D.

Although the recognizance was breached and parental deception diminished supervisory credibility, the judge found that electronic monitoring combined with a $12,000 cash recognizance and tightly prescribed conditions adequately mitigates the risks identified under s.515(10) (primary, secondary and tertiary grounds) and preserves public safety and confidence; accordingly the accused was released on recognizance with electronic monitoring and prior undertakings were cancelled.

Citation
2016 BCSC 2737
Parties
Crown: Regina; Accused: L.Z.; Co Accused: A.D.; Co Accused: G.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 December 2016
Procedural Posture
Criminal Second Degree Murder; Youth Justice; Bail/release / S.524 Breach Hearing and S.515(10) Release Assessment (reverse Onus)
Outcome
Previous undertaking and recognizance cancelled; accused released on recognizance secured by $12,000 cash deposit with electronic monitoring and detailed conditions
Legal Topics
S.524 Criminal Code, S.515(10) Criminal Code, Electronic Monitoring, Recognizance, Publication Ban, Reverse Onus
Source Language
English
Criminal Law Youth Justice Bail and Detention S.524 Criminal Code S.515(10) Criminal Code Electronic Monitoring Recognizance Publication Ban +1 more

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Parties

Regina

Crown

L.Z.

Accused

A.D.

Co Accused

G.R.

Co Accused

Procedural Posture

Criminal Second Degree Murder; Youth Justice; Bail/release / S.524 Breach Hearing and S.515(10) Release Assessment (reverse Onus)

Legal Issues

  1. 1 Whether the recognizance was breached under s.524
  2. 2 Whether the accused can justify release under the grounds in s.515(10)
  3. 3 Whether electronic monitoring and strict conditions can mitigate risk of further violent offending

Ratio Decidendi

Although the recognizance was breached and parental deception diminished supervisory credibility, the judge found that electronic monitoring combined with a $12,000 cash recognizance and tightly prescribed conditions adequately mitigates the risks identified under s.515(10) (primary, secondary and tertiary grounds) and preserves public safety and confidence; accordingly the accused was released on recognizance with electronic monitoring and prior undertakings were cancelled.

Court Disposition

Previous undertaking and recognizance cancelled; accused released on recognizance secured by $12,000 cash deposit with electronic monitoring and detailed conditions

Orders

  • Cancellation of the undertaking and any related bail documents including the recognizance
  • Recognizance of $12,000 cash deposit to secure release