R. v. Reid (J.S.), (2012) 342 Nfld. & P.E.I.R. 211 (NLTD(G))

Judge:Stack, J.
Court:Supreme Court of Newfoundland and Labrador, Trial Division
Case Date:January 19, 2012
Jurisdiction:Newfoundland and Labrador
Citations:(2012), 342 Nfld. & P.E.I.R. 211 (NLTD(G))
 
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R. v. Reid (J.S.) (2012), 342 Nfld. & P.E.I.R. 211 (NLTD(G));

    1064 A.P.R. 211

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Temp. Cite: [2012] Nfld. & P.E.I.R. TBEd. MY.031

Her Majesty the Queen v. Jeremy Shannon Reid

(201108G0158; 2012 NLTD(G) 10)

Indexed As: R. v. Reid (J.S.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

Stack, J.

January 20, 2012.

Summary:

Reid was charged with the following six offences which occurred on December 5, 2010: causing death by criminal negligence; causing bodily harm by criminal negligence; impaired driving causing death; impaired driving causing bodily harm; failure to stop at the scene of an accident where the offence involved bodily harm; and, failure to stop at the scene of an accident where the offence involved bodily harm or death. He was also charged with two counts of breaching the conditions of a recognizance. He had been held in custody since his judicial interim release was revoked on May 30, 2011. A bail review was held pursuant to s. 525 of the Criminal Code.

The Newfoundland and Labrador Supreme Court, Trial Division (General), held that Reid's continued detention was warranted.

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 - [See Criminal Law - Topic 3304.1 ].

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 - Reid was charged with the following six offences which occurred on December 5, 2010: causing death by criminal negligence; causing bodily harm by criminal negligence; impaired driving causing death; impaired driving causing bodily harm; failure to stop at the scene of an accident where the offence involved bodily harm; and, failure to stop at the scene of an accident where the offence involved bodily harm or death - He was also charged with two counts of breaching the conditions of a recognizance for consuming alcohol and failing to keep the peace and be of good behaviour - He had been held in custody since his judicial interim release was revoked on May 30, 2011 - A bail review was held pursuant to s. 525 of the Criminal Code - The Newfoundland and Labrador Supreme Court, Trial Division (General), held that Reid's continued detention was warranted - The Crown established that there had not been unreasonable delay in bringing Reid to trial - Reid's continued detention was not necessary to ensure his attendance in court (s. 515(10)(a)) - However, he had not demonstrated that his continued detention was not necessary for the protection of the public (s. 515(10)(b)) - The alleged breaches of the recognizance involved the consumption of alcohol, coupled with what may have been unruly behaviour - Those were the same factors that led to the tragic events of December 5, 2010 - There was a substantial likelihood that Reid would commit another offence if he was released - His continued detention was therefore necessary for the protection or safety of the public - Reid's continued detention was also likely required to maintain the public's confidence in the administration of justice (s. 515(10(c)) - He had been charged with serious hit and run offences involving the use of alcohol - He had originally secured his release but was then quickly charged with more alcohol related offences - His failure to abide by the conditions imposed indicated a willingness to disobey the law (or an inability to abstain from alcohol).

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - Reid was awaiting trial on eight charges, including serious hit an run offences involving the use of alcohol - He had been held in custody since his judicial interim release was revoked on May 30, 2011 - The Newfoundland and Labrador Supreme Court, Trial Division (General), stated that "The Superintendent of the Labrador Correctional Centre was required, forthwith after the expiry of 90 days from when Mr. Reid was placed in custody, to make application for this review. Even if we count the date of incarceration as May 30, 2011, the application was not filed with this court until November 2, 2011, more than 150 days later. 'Forthwith' means 'as soon as practicable'. No reason was offered for the delay in making this application. Nevertheless, the delay itself does not make Mr. Reid's continued detention unlawful; nor was it so long as to vitiate the onus on him at this hearing. Mr. Reid is charged with very serious offences. He was detained following a long and thorough bail hearing. Although he should have been brought back to court sooner for this review, there is no record that he sought any remedy arising out of that delay or that the failure to bring him to court sooner has affected the timelines for his trial. I am prepared, therefore, to proceed with the inquiry before me" - See paragraph 2.

Cases Noticed:

R. v. Brake (J.P.) (2008), 280 Nfld. & P.E.I.R. 274; 859 A.P.R. 274 (N.L.T.D.), dist. [para. 17].

R. v. Gregoire (A.P.) (2009), 284 Nfld. & P.E.I.R. 290; 875 A.P.R. 290 (N.L.T.D.), dist. [para. 17].

R. v. Hynes (D.W.) (2006), 253 Nfld. & P.E.I.R. 279; 759 A.P.R. 279; 2006 NLCA 10, dist. [para. 17].

R. v. Parsons, [2006] N.J. No. 228 (Prov. Ct.), dist. [para. 17].

R. v. Woodfine, 2005 CarswellNfld 397 (Prov. Ct.), dist. [para. 17].

R. v. Moss (S.K.) (2003), 229 Nfld. & P.E.I.R. 67; 679 A.P.R. 67; 2003 NLSCTD 110, dist. [para. 27].

R. v. Pitcher (R.J.) (2008), 286 Nfld. & P.E.I.R. 1; 883 A.P.R. 1; 2008 NLTD 34, refd to. [para. 27].

R. v. Jennings (J.), [2010] Nfld. & P.E.I.R. Uned. 20; 2010 NLTD 78, refd to. [para. 27].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 515(10) [para. 13]; sect. 525 [para. 1].

Counsel:

Mark Gillette, for the Crown;

Catherine Boyde, for the accused.

This application was heard on January 19, 2012, at Wabush, N.L., before Stack, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following oral decision on January 20, 2012.

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