Digest: R v Aw Dahir, 2018 SKQB 256

DateSeptember 18, 2019

Reported as: 2018 SKQB 256

Docket Number: CRM 410/17 JCS , QB18249

Court: Court of Queen's Bench

Date: 2019-09-18

Judges:

  • MacMillan-Brown

Subjects:

  • Criminal Law � Bail � Bail Review
  • Criminal Law � Cash Bail � Application to Estreat
  • Criminal Law � Forfeiture
  • Criminal Law � Release of Accused � Sureties

Digest: The Crown applied pursuant to ss. 770 and 771 for an order estreating the $10,000 bail deposited on the accused�s behalf by his parents. The Crown argued that the bail should be estreated because the accused breached the terms of his release. The accused was charged with offences on two informations, all alleged to have occurred on June 4, 2016. The first information charged the accused with sexual assault and 15 weapons-related offences and the second information charged the accused with two drug offences. The accused�s release was denied at the show cause hearing in Provincial Court. A court review of the bail denial concluded that the accused could be released pending trial subject to compliance with certain conditions, including the deposit of the cash bail. The accused�s parents also signed an Undertaking to report the accused to the Bail Supervisor if they observed him doing certain things. When the cash bail was deposited with the court by the accused�s mother he assigned the cash bail back to his parents. The accused was released on a Recognizance. The accused absconded from Saskatchewan and was stopped by police in Alberta. He was charged with failing to comply with the electronic monitoring provisions of the Recognizance, obstructing a peace officer, failing to comply with a breath demand, failing to comply with the conditions of the Recognizance, and possession of cocaine. He pled guilty to the obstruction charge, the failing to comply charge, and the possession of cocaine charge. With respect to the Saskatchewan charges, the accused was convicted of possession of methamphetamine for the purpose of trafficking and other charges. He received a global sentence of seven years� incarceration minus remand credit. He also pled guilty to failing to comply with the electronic monitoring condition of his Recognizance and was sentenced to one month of incarceration, which formed part of the global sentence. The Provincial Court Judge certified that the accused had not complied with the conditions of his release pursuant to a certificate of default. The names and addresses of the principal and sureties...

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