R. v. Duffney (K.J.), (2015) 366 Nfld. & P.E.I.R. 156 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 21, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 366 Nfld. & P.E.I.R. 156 (NLPC);2015 NLPC 1315

R. v. Duffney (K.J.) (2015), 366 Nfld. & P.E.I.R. 156 (NLPC);

    1144 A.P.R. 156

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MY.024

Her Majesty the Queen V. Kenneth Joseph Duffney

(2015 NLPC 1315A00317)

Indexed As: R. v. Duffney (K.J.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

May 22, 2015.

Summary:

The accused was charged with break and enter into a residence and assault causing bodily harm to the resident of the residence, contrary to s. 348(1)(d) of the Criminal Code. At the time of the offence, the accused was bound by an undertaking. As a result, he was also charged with breach of an undertaking. 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 break and enter into a residence and assault causing bodily harm to the resident of the residence, contrary to s. 348(1)(d) of the Criminal Code - The victim was the accused's former girlfriend - At the time of the offence, the accused was bound by an undertaking - As a result, he was also charged with breach of an undertaking - He applied for judicial interim release - The Newfoundland and Labrador Provincial Court dismissed the application - The evidence presented at the judicial interim release hearing satisfied the court that if released the accused would refuse to comply with the conditions of such a release; he would commit further offences; and his release would cause the public to lose confidence in the administration of justice - The accused had a criminal record which consisted of 18 convictions, including convictions for breaching court orders and failing to appear in court - The accused was charged with very serious offences in which significant violence had occurred - He had illustrated a consistent pattern of refusing to comply with court orders and his drug addiction had been left unaddressed.

Cases Noticed:

R. v. St-Cloud (J.) (2015), 471 N.R. 256; 2015 SCC 27, appld. [para. 3].

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. 26].

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. 26].

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. 26].

R. v. Gill (1992), 97 Nfld. & P.E.I.R. 170; 308 A.P.R. 170 (Nfld. Prov. Ct.), refd to. [para. 32].

R. v. N.W. (2008), 279 Nfld. & P.E.I.R. 131; 856 A.P.R. 131 (N.L. Prov. Ct.), refd to. [para. 32].

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

R. v. Lamothe (P.) (1990), 33 Q.A.C. 11; 58 C.C.C.(3d) 530 (C.A.), refd to. [para. 34].

R. v. Phelan (D.B.) (2012), 326 Nfld. & P.E.I.R. 50; 1012 A.P.R. 50; 2012 NLCA 57, refd to. [para. 36].

R. v. E.J.K. (2002), 211 Nfld. & P.E.I.R. 239; 633 A.P.R. 239 (Nfld. Prov. Ct.), refd to. [para. 55].

R. v. McCotter (W.J.) (2014), 349 B.C.A.C. 72; 596 W.A.C. 72; 2014 BCCA 27, refd to. [para. 55].

Counsel:

A. Sparkes, for Her Majesty the Queen;

S. MacKinnon, for Mr. Duffney.

This application was heard at Corner Brook, N.L., on May 21, 2015, by Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on May 22, 2015.