R. v. Wilkinson (D.), (2015) 372 Nfld. & P.E.I.R. 252 (NLTD(G))

• Judge: Thompson, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: September 09, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 372 Nfld. & P.E.I.R. 252 (NLTD(G))

R. v. Wilkinson (D.) (2015), 372 Nfld. & P.E.I.R. 252 (NLTD(G));

    1158 A.P.R. 252

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. SE.015

Her Majesty the Queen v. Derrick Wilkinson

(201501G4394; 2015 NLTD(G) 119)

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

Newfoundland and Labrador Supreme Court

Trial Division (General)

Thompson, J.

September 9, 2015.

Summary:

The accused was denied bail. He applied for review under s. 520 of the Criminal Code, seeking to be released to go to an alcohol treatment facility in Nova Scotia.

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

Criminal Law - Topic 3301

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Detention necessary for the protection of the public (i.e., secondary ground) - The accused was charged with 10 offences, including alcohol related driving offences, uttering threats and breaches of recognizance - He was denied bail on the ground of public safety - He applied for review, claiming that there had been a change because he was accepted into an alcohol treatment facility in Nova Scotia for a 60 day in residence treatment program - The Newfoundland and Labrador Supreme Court, Trial Division (General), concluded that the accused had, with the new evidence, met the threshold of the secondary ground such as to allow his release upon conditions so he could go to the facility in Nova Scotia.

Criminal Law - Topic 3309

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Release - When available - [See Criminal Law - Topic 3301 ].

Criminal Law - Topic 3320

Compelling appearance, detention and release - Interim release or detention of accused pending trial or appeal - Review - [See Criminal Law - Topic 3301 ].

Cases Noticed:

R. v. Moss (S.K.) (2003), 229 Nfld. & P.E.I.R. 67; 679 A.P.R. 67; 2003 NLSCTD 110, refd to. [para. 7].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 515(1) [para. 8]; sect. 520 [para. 7].

Counsel:

Erin E. Matthews, for the Crown;

Catherine E. Boyde, for Derrick Wilkinson.

This application was heard in St. John's, NL., on September 9, 2015 before Thompson, J., of the Newfoundland and Labrador Supreme Court, Trial Division (General), who delivered the following oral decision on the same date.