R. v. Roberts (D.), (2015) 368 Nfld. & P.E.I.R. 284 (NLPC)

JudgeGorman, P.C.J.
CourtNewfoundland and Labrador Provincial Court (Canada)
Case DateJune 12, 2015
JurisdictionNewfoundland and Labrador
Citations(2015), 368 Nfld. & P.E.I.R. 284 (NLPC);2015 NLPC 1315

R. v. Roberts (D.) (2015), 368 Nfld. & P.E.I.R. 284 (NLPC);

    1149 A.P.R. 284

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. JN.020

Her Majesty the Queen v. Dustin Roberts

(2015 NLPC 1315A00373)

Indexed As: R. v. Roberts (D.)

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

June 15, 2015.

Summary:

The accused was charged with two breaches of a recognizance (Criminal Code, s. 145(3)), which allegedly occurred on May 9 and June 10, 2015. As a result of the last alleged breach, he was remanded into custody. He applied for judicial interim release.

The Newfoundland and Labrador Provincial Court denied the application on the grounds that 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.

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) - It was alleged that, from January 17 to March 25, 2015, the accused continuously harassed David Vincent - At the time, he was bound by a probation order issued on September 5, 2014 - On April 19, 2015, the accused was released on an undertaking in relation to criminal harassment and breach of probation charges - A day after his release, the police responded to a complaint that the accused was under the influence of alcohol, a violation of his September 5, 2014 probation order - When the police attempted to arrest the accused, he resisted and threatened to kill the officers - On April 21, 2015, the accused was released on a recognizance - A condition required that he not "contact or communicate" with Tamara Wells and "remain away" from her residence - On May 9, 2015, the police, in response to a complaint, found the accused sitting on the front deck of Wells' residence and under the influence of alcohol - The accused was arrested - The Crown objected to his release - After a judicial interim release hearing, the accused was released on May 13, 2015 on a recognizance (with a surety) - This recognizance contained a condition requiring the accused not to "contact or communicate" with Wells and to "remain away" from her residence - On June 10, 2015, the police responded to a complaint and found the accused at Wells' residence - He was remanded into custody - He applied for judicial interim release - The Newfoundland and Labrador Provincial Court denied the application on the grounds that the accused would refuse to comply with the conditions imposed and he would commit further offences (Criminal Code, s. 515(10)(b)), and his release would cause the public to lose confidence in the administration of justice (s. 515(10(c)).

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) - [See Criminal Law - Topic 3301 ].

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, refd to. [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. 22].

R. v. Ferdinand, 2010 ONCJ 70, refd to. [para. 24].

R. v. Aden - see R. v. Thompson (R.D.) et al.

R. v. Thompson (R.D.) et al. (2015), 460 Sask.R. 98; 639 W.A.C. 98; 2015 SKCA 59, refd to. [para. 26].

R. v. O.B., [2008] O.J. No. 3683 (C.J.), refd to. [para. 27].

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. 28].

R. v. Hall (D.S.) (2002), 293 N.R. 239; 165 O.A.C. 319; 167 C.C.C.(3d) 449; 217 D.L.R.(4th) 536; 2002 SCC 64, refd to. [para. 28].

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. 28].

R. v. Gill, [2002] N.J. No. 310 (Prov. Ct.), refd to. [para. 34].

R. v. N.W. (2008), 279 Nfld. & P.E.I.R. 131; 856 A.P.R. 131 (N.L. Prov. Ct.), refd to. [para. 34].

R. v. Quinn (1977), 34 C.C.C.(2d) 473 (B.C. Co. Ct.), refd to. [para. 36].

R. v. Lamothe (P.) (1990), 33 Q.A.C. 11; 58 C.C.C.(3d) 530 (C.A.), refd to. [para. 36].

R. v. Hackett (T.M.), [2015] Nfld. & P.E.I.R. Uned. 36; 2015 NLTD(G) 80, refd to. [para. 37].

R. v. Payne (D.) (2015), 367 Nfld. & P.E.I.R. 52; 1147 A.P.R. 52 (N.L. Prov. Ct.), refd to. [para. 49].

R. v. Boland (K.), [2015] Nfld. & P.E.I.R. Uned. 37 (Nfld. Prov. Ct.), refd to. [para. 65].

Counsel:

T. Simms, for Her Majesty the Queen;

J. McDonald, for Mr. Roberts.

This application was heard at Corner Brook, N.L., on June 12, 2015, by Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on June 15, 2015.

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