R. v. K.A.A.
R. v. K.A.A.
(Calgary, P.C. - Breach of Release). KAA's breach charge was withdrawn. Breach of release (also known as breaching bail or breaching conditions of judicial interim release) occurs when the accused fails to comply with conditions imposed by the Court. On a spectrum, breaches can range from relatively trivial allegations that are more technical than real to intentional breaching akin to the accused thumbing his or her nose at the Court. These latter types of breaches are taken much more seriously because they are indicative of an accused who may not be able to be controlled while on release because they are unwilling to adhere to a court order.
In this case, KAA's breach was not only technical, this accused had accumulated other allegations to which there was a guilty plea and after a contested sentencing hearing, a conditional discharge granted. The Crown withdrew this breach because it had allegedly occurred during the period of the allegations for which the accused had been conditionally discharged. The Prosecution fairly took the position that it wished the accused to have a chance at avoiding a permanent criminal record.
Alberta criminal lawyers experienced in managing criminal cases will attempt to resolve minor allegations without the risk of trial or increasing legal fees for the client.