R. v. Thomas (L.), (2016) 380 Nfld. & P.E.I.R. 329 (NLTD(G))

JudgeMcGrath, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateFebruary 16, 2015
JurisdictionNewfoundland and Labrador
Citations(2016), 380 Nfld. & P.E.I.R. 329 (NLTD(G))

R. v. Thomas (L.) (2016), 380 Nfld. & P.E.I.R. 329 (NLTD(G));

    1177 A.P.R. 329

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. MR.042

Her Majesty The Queen (applicant) v. Leroy Thomas (respondent) and Wayne Kelly (intervenor)

(201501G2659; 2016 NLTD(G) 56)

Indexed As: R. v. Thomas (L.)

Newfoundland and Labrador Supreme Court

Trial Division (General)

McGrath, J.

March 29, 2016.

Summary:

An accused was released on a recognizance with $7,000 cash bail. The monies were provided by way of bank draft by the accused's lawyer, who obtained an irrevocable assignment of the cash deposit from the accused. The accused breached the recognizance by failing to sign in at the Royal Newfoundland Constabulary on a specified date. The accused pleaded guilty to breaching the recognizance and was sentenced to 45 days' imprisonment. The accused subsequently pleaded guilty on the charges he faced and was currently serving his three year sentence. The Crown applied for forfeiture of bail. The lawyer applied to be added as an intervenor. The Crown opposed intervenor status.

The Newfoundland and Labrador Supreme Court, Trial Division (General), added the lawyer as an intervenor and granted forfeiture of half ($3,500) of the cash bail. The balance was to be returned to the lawyer.

Criminal Law - Topic 6947

Recognizances and undertakings - Enforcement - Forfeiture and estreatment - An accused was released on a recognizance with $7,000 cash bail, which was provided by way of bank draft from the accused's lawyer, who obtained an irrevocable assignment of the cash deposit from the accused - The accused breached the recognizance by failing to sign in at the Royal Newfoundland Constabulary on a specified date - He pleaded guilty to breaching the recognizance and was sentenced to 45 days' imprisonment - The accused subsequently pleaded guilty on the charges he faced and was currently serving his three year sentence - The Crown applied for forfeiture of bail - The Newfoundland and Labrador Supreme Court, Trial Division (General), added the lawyer, as an assignee, as an intervenor - The breach was at the less serious end of the scale and the accused, when located, was in a mental health facility (i.e., no concerted effort to flee or evade authorities) - The accused was punished for his breach by way of imprisonment - The court exercised its discretion by granting forfeiture of half ($3,500) of the cash bail - The balance was to be returned to the lawyer - See paragraphs 31 to 50.

Criminal Law - Topic 6948

Recognizances and undertakings - Enforcement - Forfeiture proceedings - Standing - An accused was released on a recognizance with $7,000 cash bail, which was provided by way of bank draft from the accused's lawyer, who obtained an irrevocable assignment of the cash deposit from the accused - The accused breached the recognizance by failing to sign in at the Royal Newfoundland Constabulary on a specified date - The Crown applied for forfeiture of bail - The lawyer applied to be added as an intervenor, which the Crown opposed - The Newfoundland and Labrador Supreme Court, Trial Division (General), added the lawyer as an intervenor - The court stated that " I agree with the reasoning in those cases allowing an assignee the opportunity to participate in such applications. If an assignee of bail is not entitled to be heard, the Court may be deprived of relevant evidence as to whom any funds should be paid if the entirety of the bail funds are not forfeited. As well, not allowing assignees to be heard may be prejudicial to persons who have obtained a valid assignment. A principal who has been incarcerated for a lengthy period of time may have little interest in challenging the Crown's application for forfeiture, as he or she may have no intention or ability to repay the assignee the amount of the cash bail. The assignee would be at risk of the application for forfeiture being granted on the basis of no evidence of the principal's circumstances." - See paragraph 22.

Counsel:

Brenda P. Boyd, Q.C., for the applicant;

John W. Lavers, for the respondent.

This application was heard on February 16, 2015, at St. John's, N.L., before McGrath, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following judgment on March 29, 2016.

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