R. v. E.A.

(Calgary, P.C.). Client was charged with a serious  aggravated assault in Calgary.  The Crown sought his detention in custody while awaiting trial on the primary and secondary grounds. They initially succeeded at the Provincial Court level but the accused pressed his case and effectively appealed to the Court of Queen's Bench of Alberta. The primary grounds for detention while awaiting trial concerns "risk of flight". The secondary grounds for detention concern whether the accused will commit new offences that endanger the public while on release. Detention errors on the secondary ground often occur when the Crown and/or Court abridges the secondary ground.  Establishing release on the secondary ground requires defence counsel to clearly highlight the principles set out in cases such as R. v.Morales, highlighting that it is not enough to merely have a reasonable basis to believe the accused will commit new offences if released, but that those new offences will endanger the public. Applying authorities such as R. v. Coolson, it is also important to consider whether the accused can be controlled by conditions of release on bail. In this case, EA successfully obtained judicial interim release due to issues with eyewitness identification.  Though the accused sought a review of the major errors committed by the Provincial Court Judge, it became unnecessary because the Crown ultimately consented to re-open bail and release the accused. The allegation revolved around an assault with a hammer. After reviewing disclosure, it was clear from a straight read of the witness statements that the accused was not properly identified. If you have been charged and need a lawyer to help obtain judicial interim release, call Calgary bail lawyer, David Chow. David is not merely a Calgary bail lawyer, he is a full service Alberta criminal lawyer. David is a former Crown Prosecutor and has been a criminal defence lawyer in Calgary since 2005.  He defends all cases province-wide.