R. v. Gee

R. v. Gee

The review judge concluded Judge Hicks did not err in principle applying the tertiary grounds; given the allegations of a discharged firearm in a residential/mixed use area and a reasonably strong Crown case, release would risk erosion of public confidence and therefore the detention order must be maintained.

Citation
2009 BCSC 1922
Parties
Crown: Regina; Accused: Chew Hung Gee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 October 2009
Procedural Posture
Criminal / Bail Review (judicial Interim Release)
Outcome
Application dismissed; detention order maintained.
Legal Topics
Tertiary Grounds, Judicial Interim Release, Public Confidence in Administration of Justice, S.515(10)(c) Assessment
Source Language
English
Criminal Law Bail Firearms Offences Tertiary Grounds Judicial Interim Release Public Confidence in Administration of Justice S.515(10)(c) Assessment

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Parties

Regina

Crown

Chew Hung Gee

Accused

Procedural Posture

Criminal / Bail Review (judicial Interim Release)

Legal Issues

  1. 1 Whether detention under the tertiary grounds (s.515(10)(c)) is justified
  2. 2 Whether the strength of the Crown's case warrants continued detention
  3. 3 Whether alleged use of a firearm and surrounding circumstances justify denying bail to maintain public confidence

Ratio Decidendi

The review judge concluded Judge Hicks did not err in principle applying the tertiary grounds; given the allegations of a discharged firearm in a residential/mixed use area and a reasonably strong Crown case, release would risk erosion of public confidence and therefore the detention order must be maintained.

Court Disposition

Application dismissed; detention order maintained.

Orders

  • Application for judicial interim release dismissed
  • Accused to remain detained (no change to bail)