R. v. Barnes (Q.J.C.), (2015) 366 Nfld. & P.E.I.R. 252 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 20, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 366 Nfld. & P.E.I.R. 252 (NLPC);2015 NLPC 1315

R. v. Barnes (Q.J.C.) (2015), 366 Nfld. & P.E.I.R. 252 (NLPC);

    1144 A.P.R. 252

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MY.023

Her Majesty the Queen v. Quentin John Charles Barnes

(2015 NLPC 1315A00318)

Indexed As: R. v. Barnes (Q.J.C.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

May 22, 2015.

Summary:

The accused was charged with a number of offences (break and entry, mischief; unlawful entry and breach of undertaking/recognizance (eight counts)). Since December 26, 2013, he had been arrested and released on an undertaking and several recognizances (five in total). He was charged with failing to comply with the conditions of his undertaking and recognizances each time he had been released. His most recent charge alleged that he failed to comply with a recognizance on May 15, 2015. He had been in custody since that time. He applied for judicial interim release.

The Newfoundland and Labrador Provincial Court dismissed the application.

Criminal Law - Topic 3304.1

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary to maintain confidence in the administration of justice (i.e., tertiary ground) - The accused was charged with a number of offences (break and entry, mischief; unlawful entry and breach of undertaking/recognizance (eight counts)) - Since December 26, 2013, he had been arrested and released on an undertaking and several recognizances (five in total) - He was charged with failing to comply with the conditions of his undertaking and recognizances each time he had been released - His most recent charge alleged that he failed to comply with a recognizance on May 15, 2015 - He had been in custody since that time - He applied for judicial interim release - The Newfoundland and Labrador Provincial Court dismissed the application - The evidence satisfied the court that if released (again), the accused would refuse to comply with the conditions imposed; he would commit further offences; and his release would cause the public to lose confidence in the administration of justice - The accused was facing serious and grave criminal charges - He had a limited criminal record, but the evidence established that he would not comply with any release conditions - Considering all the factors in s. 515(10)(c) of the Criminal Code, the public's confidence in the administration of justice required the accused's detention.

Cases Noticed:

Clarke, Re (1978), 20 Nfld. & P.E.I.R. 341; 53 A.P.R. 341 (Nfld. T.D.), refd to. [para. 2].

R. v. B.R.J. (2003), 45 M.V.R.(4th) 213 (Nfld. Prov. Ct.), refd to. [para. 4].

R. v. St-Cloud (J.) (2015), 471 N.R. 256; 2015 SCC 27, appld. [para. 4].

R. v. Squires (E.) (1996), 161 Nfld. & P.E.I.R. 17; 497 A.P.R. 17 (Nfld. T.D.), refd to. [para. 33].

R. v. Ferdinand, 2010 ONCJ 70, refd to. [para. 35].

R. v. O.B., [2008] O.T.C. Uned. N10 (S.C.), refd to. [para. 38].

R. v. Morales (M.), [1992] 3 S.C.R. 711; 144 N.R. 176; 51 Q.A.C. 161, addendum 147 N.R. 335; 77 C.C.C.(3d) 91, refd to. [para. 39].

R. v. Hall (D.S.) (2002), 293 N.R. 239; 165 O.A.C. 319; 167 C.C.C.(3d) 449; 2002 SCC 64, refd to. [para. 39].

R. v. MacDougal (R.A.) (1999), 128 B.C.A.C. 281; 208 W.A.C. 281; 138 C.C.C.(3d) 38 (C.A.), refd to. [para. 39].

R. v. Gill, [2002] N.J. No. 310 (Prov. Ct.), refd to. [para. 45].

R. v. N.W. (2008), 279 Nfld. & P.E.I.R. 131; 856 A.P.R. 131 (N.L. Prov. Ct.), refd to. [para. 45].

R. v. Quinn (1977), 34 C.C.C.(2d) 473 (B.C. Co. Ct.), refd to. [para. 47].

R. v. Lamothe (P.) (1990), 33 Q.A.C. 11; 58 C.C.C.(3d) 530 (C.A.), refd to. [para. 47].

R. v. Noftall (R.) (2001), 202 Nfld. & P.E.I.R. 162; 608 A.P.R. 162 (Nfld. T.D.), refd to. [para. 48].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 515(10)(c) [para. 30].

Counsel:

A. Sparkes, for Her Majesty the Queen;

G. Kearney, Q.C., for Mr. Barnes.

This application was heard at Corner Brook, N.L., on May 20, 2015, by Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on May 22, 2015.