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Digest of the Week — Breach of Impossible Condition

R. v. Boysis |
2015 CarswellAlta 595 |
Alberta Provincial Court

Criminal law | Pre-trial procedure | Type of release orders | Breach of conditions | Sentencing for breach of conditions | Adult offenders

Two accused were charged for breaching condition of judicial interim release that they remain in territorial jurisdiction — In each case, state had opportunity to return accused to his originating jurisdiction and answer outstanding charges but declined that opportunity — In case of one accused, that election was made in order to save money — Each accused was released from custody by authorities with full knowledge that, in doing so, accused was in immediate breach of his bail condition — Each accused pleaded guilty to offence — Sentencing submissions made by both Crown and each accused — Accused fined $3 each — Court noted facts did not excuse accused for having initially left originating jurisdiction contrary to terms of his release — However, state inaction thereafter significantly diminished their degree of responsibility — Nominal fine was appropriate in circumstances.
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