2 total
Strict bail granted on a murder charge under a revised surety plan.
On a judicial interim release application for an accused charged with second degree murder, the court considered the reverse onus under s. 522(2) of the Criminal Code and whether detention remained justified under s. 515(10).
The record included a detailed release plan involving the accused's father as sole surety, strict house arrest, electronic alcohol monitoring, abstinence conditions, and passport surrender.
Although the Crown did not consent to release, terms were worked out with counsel if release were ordered.
The court held that the applicant met the onus and ordered release on stringent conditions.
The court committed two accused to stand trial for first-degree murder, finding sufficient evidence of planning and deliberation and unlawful confinement.
This is a preliminary inquiry decision on a charge of first-degree murder in the death of Leanne Freeman on November 29, 2011.
The Crown sought to commit both accused for trial on first-degree murder charges.
The defence conceded sufficient evidence for second-degree murder but argued insufficient evidence of planning and deliberation for first-degree murder.
The court found sufficient evidence to commit both accused for trial on first-degree murder charges, relying on two alternative theories: (1) planning and deliberation, and (2) murder committed during unlawful confinement under Criminal Code section 231(5)(e).
