Digest: R v Tingle, 2014 SKQB 398

• Date: December 10, 2014

Reported as: 2014 SKQB 398

Docket Number: QBJ 3/13 JCS , QB17447

Court: Court of Queen's Bench

Date: 2014-12-10

Judges:

• Danyliuk

Subjects:

• Criminal Law � Judicial Interim Release
• Criminal Code - Murder

Digest: The two accused applied for judicial interim release. They had been charged with murder. The application was made in November 2014 and was subject to a publication ban that was lifted in February 2018. The charges against the accused came about as a result of a police investigation of a murder in Calgary. The suspect in that case, Neil Yakimchuk, made statements regarding another murder that had occurred in Saskatoon. He was charged with the Saskatoon victim�s murder and convicted. These offences were committed as part of a turf war involving drugs. The police investigation of the Saskatoon murder based upon Yakimuk�s admissions led to charges against the two accused in this application. At their trial, Yakimchuk refused to testify for the Crown and the ensuing lengthy voir dire delayed the trial. The accused Dombowsky had previously been denied bail under s. 515(10)(c) of the Criminal Code and his appeal of that decision was dismissed by the Court of Appeal (see: 2013 SKCA 96). In this application, the issue was whether either of the accused should be released based upon s. 515(10)(c) as well. Both applicants were willing to post bail and to live with family members if released. Each of them had significant criminal records including convictions for non-compliance with court conditions or obligations. Defence counsel acknowledged that this was a serious matter but there was little or no evidence presently before the court regarding the planning that led to the Saskatoon homicide having involved the accused.
HELD: The applications were dismissed. The court found that each of the accused had not satisfied the onus pursuant to s. 522 of the Code and concluded in the circumstances that s. 515(10)(c) justified that they remain in custody.

Statutes Considered:

• Criminal Code, RSC 1985, c C-46, s 515(10)(a)
• Criminal Code, RSC 1985, c C-46, s 515(10)(b)
• Criminal Code, RSC 1985, c C-46, s 515(10)(c)
• Criminal Code, RSC 1985, c C-46, s 517
• Criminal Code, RSC 1985, c C-46, s 522

Cases Considered:

• R v Abdow, 2010 ABCA 261, 94 WCB (2d) 396
• R v B.H.C, 2006 SKQB 209
• R v Blind (1999), 180 Sask R 145, 139 CCC (3d) 87
• R v Cheeseman, 2008 ABQB 282, [2010] AWLD 3677
• R v Demyen (1975), 26 CCC (2d) 324
• R v Dix...