Wu, 46, faces a variety of charges including production of a controlled substance, possession for the purpose of trafficking, theft of electricity, possession of proceeds of crime, income tax and Goods and Services Tax evasion, failure to comply with restraint order, breach
of recognizance of bail and failure to appear.
Keywords: Criminal Law, Ontario Review Board, Not Criminally Responsible, Assault, Failure to Appear, Breach
of Recognizance, Significant Risk to the Public, R v. Ferguson, 2010 ONCA 810
If one or more of the conditions of a peace bond are broken, either by not obeying one of the conditions or by getting charged with a criminal offence, the person can be charged with a separate criminal offence of «breach
of recognizance» or «disobeying a court order.»
As noted above, the onus is on the surety to show why full forfeiture
of the recognizance should not be ordered.
R. v. P. D. (2010) Client acquitted on charges of breach
of recognizance (X3) stemming from an alleged contact breach with a hostile complainant in an original domestic assault case in the Ontario Court of Justice in Milton.
R. v. L.D. (2010) Charges of breach
of recognizance stemming from an alleged contact breach with a hostile complainant in an original domestic assault case withdrawn prior to trial in the Ontario Court of Justice in Toronto.
The client was a youth charged with assault with a weapon contrary to section 267 (A) and 3 breaches
of recognizance contrary to s 145 (3) of the Criminal Code.
Recognizance without sureties and without deposit is the most lenient type
of recognizance that can be imposed on an offender at a bail hearing.
The individual must be legally obliged to comply with the conditions
of the recognizance or undertaking, and
Once the case has completed the accused will have their deposit returned to them assuming no conditions
of the recognizance were breached.
The judge will set the monetary amount
of the recognizance, which will be payable to the court should the accused breach any of the conditions attached to his release or fail to attend any court dates.
This type
of recognizance will only be applied to individuals who live more than 200 kilometers from the location of their arrest.
A bail variation is when the conditions
of your recognizance of bail are changed.
The lawyers at Affleck & BarrisonLLP, have years of experience representing clients at bail hearings for criminal charges, bail hearings involving breach
of recognizance or breach of other court orders.
Months later, he pleaded guilty to other counts relating to breaches
of a recognizance, breaking and entering dwelling houses, possession of stolen property, assault with a weapon and possession of a prohibited weapon.
(a) any fine, penalty, restitution order or other order similar in nature to a fine, penalty or restitution order, imposed by a court in respect of an offence, or any debt arising out
of a recognizance or bail;
Topics include commencement of proceedings in both criminal and provincial offences, introduction to search warrants, the effect and enforcement
of recognizances of bail, Mental Health Act orders of examination, Child and Family Services Act warrants of apprehension, subpoenas, weapons disposition and prohibition hearings and an introduction to criminal set date court.
Not exact matches
Some may scoff, but to the well - heeled traveller with the right connections, membership to a club like the Soho provides a port -
of - call in most major cities — a plush haven where one can entertain a client away from the prying eyes
of the hoi polloi or, in some cases, crash for a few days on nothing more than your own
recognizance.
Johnson was charged with one count
of domestic assault and later released on a personal
recognizance bond.
Patterson, 51, and Hudson, 47, both
of Harvey, and Parrott, 48,
of Markham, all entered pleas
of not guilty later Thursday and were released on their own
recognizance.
Police said Brianne T. Callahan, 17,
of 192 Shabonna Drive, Park Forest, was charged with a curfew violation and released on her
recognizance; and a 15 - year - old boy from Crete was charged with curfew violation, resisting arrest and being intoxicated in a park.
«We also look forward to a discussion
of the concept
of a rebuttable presumption
of release on
recognizance on all non-assaultive and non-domestic violence misdemeanors.»
Harrington was and released on
recognizance pending a future appearance in the Town
of Sidney Court.
Kriz was arraigned in the Town
of Oxford Court and was released on his own
recognizance to return at a later date.
The two were each granted a self -
recognizance bail
of GHc300, 000 during their first appearance in court today [Monday].
The defendant was arraigned today in the Village
of Spring Valley Justice Court by the Honorable David Fried and and was released on his own
recognizance.
The Lagos State division
of the Federal High Court on Friday granted bail on self -
recognizance to the Senator representing Delta North in the National Assembly, Peter Nwaoboshi.
Skelos and his son sat noticeably apart, each flanked by his attorney on the other side, as Pitman released them
of their own
recognizance and without a bond, while restricting travel to the continental U.S.
Specifically, Abaribe is praying the court for, «An order
of this honourable court discharging the applicant as surety
of the 1st / 2nd respondent, and discharging the
recognizance entered into by the applicant, and to discharge the applicant from the entire incidence
of the bail
of Nnamdi Kanu - the 1st defendant / 2nd respondent in charge No.
The defendant was arraigned in the Town
of Clarkstown Justice Court by the Honorable Craig Johns and released on her own
recognizance.
The rest are the acting constituency Secretary, Abdulai Ziblim, the Nasara Coordinator, Osman Baba, an elder
of the NPP, Nyab Mahamang, and the Research Officer, Abdul Karim S. Alhassan, who has been granted self -
recognizance bail.
The judge in the case did not set bail; Wills was released
of his own
recognizance and is due back in court August 10 for sentencing.
The defendant was arraigned in the Town
of Ramapo Justice Court before the Honorable Rhoda Schoenberger and was released on her own
recognizance.
Lorraine Caldwell,
of Holland Patent, Amanda Gus
of Hartwick, Sarah Schuyler
of Mohawk and Donna Gray,
of Sidney were charged with Falsifying Business Records, Endangering the Welfare
of an Incompetent or Physically Disabled Person & Willful Violation
of Health Laws, all 4 were arraigned in Town
of Otsego Court & were released on their own
recognizance.
They were arraigned, entered pleas
of not guilty, and were released on personal
recognizance bonds
of $ 25,000 and $ 10,000, respectively, on... Continue reading →
Riding a wave
of renewed
recognizance that came with the release
of the acclaimed biopic I, Tonya, Harding is following in the Dancing with the Stars footprints
of her former nemesis Nancy Kerrigan, so it'll be interesting to see how the two compare.
More and more, the circumstances
of life seem to call Hi back to his criminal ways: he and Ed receive a visit from his prison buddies Gale and Evelle Snoats (John Goodman and William Forsythe), who «released themselves
of their own
recognizance» because they «felt the institution no longer had anything to offer them,» and Hi loses his job after assaulting his supervisor, Gale (Sam McMurray), who proposes a swapping
of wives.
Once on the battlefield, a fellow soldier's insult, regarding the photo
of Veronika that Boris carries with him, insures that the two men will share in a dangerous
recognizance mission together.
A peace bond is similar to a
recognizance of bail, in that it sets out that a Defendant must follow certain conditions.
When a court decides to grant bail to an accused person, they attach conditions to the
recognizance of bail that the accused person must follow.
There a several different types
of release: A person can be released to their Own
Recognizance, to the supervision
of pretrial services, or be given a bond.
Section 145
of the Canadian Criminal Code outlines the offence
of failing to comply with a condition
of an undertaking or
recognizance.
(3) Every person who is at large on an undertaking or
recognizance given to or entered into before a justice or judge and is bound to comply with a condition
of that undertaking or
recognizance, and every person who is bound to comply with a direction under subsection 515 (12) or 522 (2.1) or an order under subsection 516 (2), and who fails, without lawful excuse, the proof
of which lies on them, to comply with the condition, direction or order is guilty
of
She says she would have used the information about the other defendant to apply for Gills to be released on his own
recognizance pending trial and would have filed motions seeking pretrial dismissal
of the case.
R.v. (D.) H. 2009 Neuberger & Partners defended this client on a charge
of Fail to Comply with
Recognizance for breaking his bail while on release for the Charge
of Aggravated Assault.
Regina v. A.B. (2010) Charges
of Sexual Assault, Assault with a Weapon, Assault x 4 (Domestic) and Fail to Comply with Bail
Recognizance x 3, were withdrawn in the Ontario Court
of Justice, Newmarket, just prior to setting a trial date.
If an offender was already subject to a peace bond,
recognizance, or any other court order at the time
of the offence, the court will usually consider that an aggravating factor for sentencing purposes.
Often a court or police officer will order persons to comply with certain conditions, most commonly through a
recognizance of bail or through an undertaking.
Furthermore, Section 811
of the Criminal Code sets out that it is a criminal offence for a person bound by a Section 810 peace bond to breach that
recognizance.
For example, if you are released from custody on a
recognizance of bail, you will be subject to conditions.