R. v. Purcell (J.), (2015) 378 Nfld. & P.E.I.R. 11 (NLTD(G))

• Judge: Adams, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 18, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 378 Nfld. & P.E.I.R. 11 (NLTD(G))

R. v. Purcell (J.) (2015), 378 Nfld. & P.E.I.R. 11 (NLTD(G));

    1174 A.P.R. 11

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. JA.030

Her Majesty the Queen v. James Purcell (201501G6128; 2016 NLTD(G) 9)

Indexed As: R. v. Purcell (J.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Adams, J.

December 18, 2015.

Summary:

The accused was charged with assault causing bodily harm respecting his girlfriend (Criminal Code, s. 267(b)) and mischief by destroying or damaging property (s. 430). The accused applied for judicial interim release.

The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application.

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary for protection of public (i.e., secondary ground) - Purcell was charged with mischief by destroying or damaging property and assault causing bodily harm respecting his girlfriend - The assault included significant biting - Purcell applied for judicial interim release - The Newfoundland and Labrador Supreme Court, Trial Division (General), dismissed the application - Purcell's detention was necessary to protect the public - His criminal record was extensive and began in 1995 when he was 15 years old - It included property offences, breaches of court orders, and violence and weapons related offences - There was an escalation in offence severity given that Purcell was convicted of manslaughter in 2011 for the death of a three year old child he was babysitting - The present offences were committed while he was on parole for manslaughter, and he had previously committed serious domestic assaults while on some form of judicial release - He also had a history of attempting to obstruct justice by trying to get victims to not testify against him or to lie - He did not disclose the manslaughter conviction to a former girlfriend, which showed a lack of insight into the risk he posed to the girlfriend and her children - Despite some weaknesses in the Crown's case (the victim was refusing to cooperate), Purcell's detention was also necessary to maintain confidence in the administration of justice.

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 - [See Criminal Law - Topic 3301 ].

Counsel:

Jeffrey A. Summers, for the Crown;

John F. Duggan, for the accused.

This application was heard at St. John's, N.L., on December 15, 17 and 18, 2015, before Adams, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following reasons for judgment on December 18, 2015.