ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
Her Majesty The Queen,
Andrew T.G. Sadler, for the Applicant (Crown)
Applicant (Crown)
- and -
Michael McCrady,
David Kiesman, for the Respondent (Accused)
Respondent (Accused)
HEARD: February 10, 2016, at Thunder Bay, Ontario
Regional Senior Justice D. C. Shaw
Decision On Bail Review Hearing
1This is an application by the Crown, pursuant to s. 521 of the Criminal Code, for a review of the order made by Justice of the Peace, M. Donio, on December 22, 2015, wherein the accused, Michael James McCrady, was released on a recognizance with conditions and with a surety, without deposit, in the amount of $25,000.
2The Crown seeks an order to vacate the order of release and to detain the accused.
3The Crown submits that the detention of the accused is justified on both the secondary ground, namely that detention is necessary for the protection or safety of the public, and on the tertiary ground, namely that detention is necessary to maintain confidence in the administration of justice.
4The Crown submits that there are three grounds for the application:
the Justice of the Peace made an error in law;
the decision of the Justice of the Peace is clearly inappropriate; and,
there is admissible new evidence that results in a material change of circumstances.
A. Background
5The accused is charged with two separate incidents of break and enter. The first is alleged to have occurred in February 2015 and the second in May 2015. The accused was arrested the same day as the May 2015 allegations arose. He was subsequently charged with the February 2015 incident.
February 2015 – Break and Enter
6On February 19, 2015, a break and enter was discovered at a home whose owner had been away on vacation. The back door had been kicked in and the house had been ransacked. Property was missing.
7A cigarette butt was found in the home. DNA analysis linked the cigarette butt to the accused.
8A pop can was found. DNA on the can was sent for analysis. At the time of the bail hearing, the analysis was not available to the Crown. It was later determined that the DNA was linked to one Colin Davidson.
9The homeowner knew Colin Davidson and suspected he was involved. When Mr. Davidson learned he was suspected, he sent a Facebook message denying involvement and indicating that he himself had been a victim of a “drugged up and steroid raging lunatic” who beat him up.
May 2015 – Break and Enter
10In the Spring of 2015, Mr. McCrady was released on a surety recognizance with a 10:00 p.m. curfew. On May 12, 2015, he failed to return from a purported attendance at Alcoholics Anonymous. His surety, Karen Marano, reported his breach to the police.
11The accused is alleged to have assaulted Diedre Rice on May 14, 2015 and taken her car. The accused and his co-accused went to the home of Troy Bichon, who was on crutches because of a work injury. Mr. Bichon was stabbed in the leg with a barbeque fork and struck on the head. He suffered a broken jaw, numerous lacerations and stab wounds. He lost about one quarter of his blood
12A neighbour of Mr. Bichon saw the co-accused take a television set out of Mr. Bichon’s house and put it in Ms. Rice’s vehicle. Mr. McCrady drove the vehicle away. The television was taken into a woman’s house. The woman saw Mr. McCrady covered in blood, which she helped to wash off.
13Police found the co-accused in Ms. Rice’s vehicle and arrested him. A two pronged barbeque fork from Mr. Bichon’s house was found in the car. The accused was found shortly thereafter by police about two blocks away. There was blood on the pants of both Mr. McCrady and the co-accused which was linked to Mr. Bichon by DNA analysis.
Mr. McCrady’s Criminal Record
14Mr. McCrady, who is 32 years of age, has a criminal record going back to