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Transcript of the ruling from Ted’s last Bail Hearing

By Hempology | December 4, 2002





Citation:
Date: 20020322

File No: 112460, 112476, 118904, 119015

Registry: Victoria


In The Provincial Court of Bitish Columbia

Nos. 112460, 112476, 119015


REGINA

v.

LEON EDWARD SMITH


No. 118904


REGINA

v.

LEON EDWARD SMITH

COLBY ALEXANDER BUDDA

GARY DEAN HENRY


REASONS FOR JUDGEMENT AT

JUDICIAL INTERIM RELEASE HEARING

(re Leon Smith)

OF

THE HONOURABLE JUDGE EHRCKE


COPY







Crown Counsel:L. McMorran
Counsel for the Defendant:R. Moore-Stewart
 
Place of Hearing:Victoria, B.C.
Date of Judegement:March 22, 2002


  1. THE COURT: I am going to order that you be released, sir, on recognizance. Can you raise a cash deposit?

  2. THE ACCUSED: I believe I could. How much?

  3. THE COURT: All right. In the amount of one thousand dollars.

  4. THE ACCUSED: How much time do I have?


  5. THE COURT: Well, you are released when you raise the money. All right. I am sure with all your supporters
    you can raise a recognizance.

  6. THE ACCUSED: I’m sure.


  7. THE COURT: First of all, I will revoke process on the other Informations. There are four of them:
    112460 in which you are charged that on November 8th of 2000, you were trafficking in marihuana
    and possesed marihuana for the purpose of trafficking; 112476 in which you were charged with possession
    for the purpose of trafficking on November 15th. On that matter you were released on a recognizance.
    118904 in which you are charged that on January 3rd of this year you possessed more than three kilograms
    of marhuana for the purpose of trafficking and you possessed marhuana, and Information 119015 in which
    you are charged that March 21st of this year, that is yesterday, you were in possession of marihuana
    for the purpose of trafficking and possession of cannabis resin for the purpose of trafficking.


  8. I am told of these charges over a period of time. I am told you will be raising various constitutional
    issues in your defence. Trial dates are set for some of these matters and I am prepared to order that
    you be released on a recognizance, one thousand dollars with deposit and that is based on the undertaking
    you have given to this court, sit, and it will be in the recognizance that you cease distribution of
    marihuana or any marihuana by-product in any manner.


  9. I will add that you cease to be the spokesperson for the Vancouver Island Cannabis Buyers’ Club until your
    matters are heard.


  10. I will include that you are not to be on the UVIC campus. That was in your previous recognizance. I am
    vacating that.

  11. Other than that, you are to keep the peace and be of good behaviour and attend court as required.


  12. Is the Crown requesting and reporting conditions? It does not appear that attendance is an issue in this
    case.

  13. Ms. McMORRAN: I’d merely ask if there was an initial reporting, and thereafter as directed, Your Honour.


  14. THE COURT: All right. You are to report to the bail supervisor following this hearing and that thereafter
    as directed. You seem to be attending all your court appearances.

  15. So those will be the conditions, sir. As soon as you provide the deposit, sir, you will be released.


  16. Ms. McMORRAN: And Your Honour, just to be consistent, on the prior recognizance of bail there was that
    condition number 3, shall not consume any illicit or non-prescription, if that might be added into this –

  17. THE COURT: Shall just be shall not consume any illegal drugs.


  18. I am going to state for the record, sir, that you have stood up, you have given an undertaking to this
    court, and the court is taking your undertaking seriously, sir, and relying on it.

  19. All right, thank you.

(REASONS CONCLUDED)

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