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The court denied Mr. Hayes’ application for judicial interim release pending sentencing, holding detention remained justified on tertiary grounds to maintain public confidence.
The court denied bail pending sentencing, finding the accused’s prior failure to appear, avoidance of arrest, and history of dishonesty meant proposed release conditions did not adequately manage attendance risk.
After Mr. Hayes was convicted by a jury, the court revoked his judicial interim release under s. 523(1)(b)(ii) and remanded him into custody pending sentence.
The court found on the balance of probabilities there were reasonable grounds under s.524(3) to believe the accused committed indictable offences while on release; the accused failed to discharge the onus under s.679(3)(c) that detention was not necessary because of a substantial likelihood of reoffending, a persistent history of breaching court orders, the gravity and similarity of the new charges, and inadequate measures to mitigate risk; balancing enforceability and reviewability favoured detention, so the release order was cancelled and the accused remanded pending appeal.
Source excerpt
The court accepted the consent-release plan negotiated by Crown and defence because none of the proposed conditions raised red flags; the bail judge is not required to undertake a detailed, line-by-line inquiry into agreed terms absent obvious problems, and therefore released the accused on the terms provided by counsel (including a justified keep-the-peace condition).
Source excerpt
The court refused to exercise its discretion to adjourn because the appellant was in clear breach of his judicial interim release conditions by being in Somalia and failing to surrender; accordingly the appeal was dismissed as abandoned pursuant to the release order and a warrant of arrest was approved to return the appellant to custody.
Source excerpt
There is no clear statutory authority extending s.517 to s.680 reviews and, given the open court principle and the prior public availability of the bail judge's reasons, this Court must publish its reasons in full; editing reasons would be unintelligible and create undesirable precedent, so the Registrar was ordered to repost the full reasons.
Source excerpt
The court granted Mr. Buchanan bail on a murder charge, finding the proposed surety plan and strict conditions adequately addressed the secondary and tertiary grounds.
Motion dismissed because appellant failed s.679(3)(c): enforceability outweighed reviewability given the violent nature of the offence, ongoing offending after conviction, weak release plan and unreliable surety such that detention was necessary in the public interest.
Source excerpt
Application for judicial interim release pending a sentence appeal dismissed. The Court held the appeal had limited merit and detention was in the public interest.
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