The accused applied for a bail review under s. 520 of the Criminal Code following a detention order by a Justice of the Peace.
The accused argued the JP erred in law by conflating the secondary and tertiary grounds for detention and by failing to apply the ladder principle.
The Superior Court of Justice dismissed the application, finding no legal errors.
The court held that the strength of the Crown's case and potential jail sentence are relevant considerations under the secondary grounds, and that the JP correctly concluded no release plan could mitigate the substantial risk of the accused re-offending.
