R. v. Sharma

R. v. Sharma

The court followed the approach in R. v. Widaiko and earlier BCSC authorities that s.525 relief requires a prior finding of unreasonable delay; because counsel conceded and the court found no unreasonable delay, the s.525 application was dismissed and the accused's detention status confirmed.

Citation
2013 BCSC 2389
Parties
Crown: Regina; Accused: Ravinesh Jason Sharma
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 November 2013
Procedural Posture
Criminal Bail/detention / Post Conviction Bail Application Under S.525; Sentencing Scheduled
Outcome
Application dismissed; detention status confirmed.
Legal Topics
Section 525 Criminal Code, Unreasonable Delay, Jurisdiction Under S.520 and S.525, Release to Treatment Program
Source Language
English
Criminal Law Bail and Detention Procedural Law Delay Section 525 Criminal Code Unreasonable Delay Jurisdiction Under S.520 and S.525 Release to Treatment Program

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Parties

Regina

Crown

Ravinesh Jason Sharma

Accused

Procedural Posture

Criminal Bail/detention / Post Conviction Bail Application Under S.525; Sentencing Scheduled

Legal Issues

  1. 1 Whether court has jurisdiction to hear a bail application under s.525 after conviction
  2. 2 Whether there has been an unreasonable delay in bringing the matter to trial under s.525(3)
  3. 3 Whether the accused should be released pending sentencing to a treatment program based on new evidence

Ratio Decidendi

The court followed the approach in R. v. Widaiko and earlier BCSC authorities that s.525 relief requires a prior finding of unreasonable delay; because counsel conceded and the court found no unreasonable delay, the s.525 application was dismissed and the accused's detention status confirmed.

Court Disposition

Application dismissed; detention status confirmed.

Orders

  • Application dismissed
  • Detention status confirmed