2 total
Bail review granted; JP erred by ignoring strong bail plan in tertiary ground analysis.
The accused, an 18-year-old with no criminal record, sought a bail review after being detained on firearms and drug charges.
The Justice of the Peace had denied bail solely on the tertiary ground, finding that public confidence would be undermined if released, despite a strong bail plan involving his parents as sureties.
The Superior Court granted the review, holding that the Justice of the Peace erred by failing to consider the strength of the bail plan and the accused's personal circumstances within the tertiary ground analysis.
The accused was released on strict house arrest with increased sureties.
The accused was convicted of drug trafficking after the court rejected her duress defence.
The accused was charged with possession of hydromorphone for the purpose of trafficking contrary to section 5(2) of the Controlled Drugs and Substances Act, and with breaching a recognizance by possessing non-prescribed drugs contrary to section 145(3) of the Criminal Code.
The trial proceeded over three days with three Crown witnesses and the accused as the sole defence witness.
The accused raised a duress defence, claiming she was threatened by individuals to bring drugs into the detention facility.
The court rejected the duress defence, finding no air of reality to the accused's account, and convicted her on both counts.
