Wednesday, April 17, 2013

What does "reside" mean on the context of bail?

Gravino, [1991] O.J. No. 2927 (C.A.), at para. 1:

On the authorities, the word "reside" is a word of flexible meaning. While its usual meaning is that it refers to where one sleeps, it has also been held that where a person leaves a residence for a temporary purpose, with the intention of returning, he continues to reside at the same residence. This was a criminal proceeding with penal and monetary consequences and so, in our opinion, the requirement in the recognizance for judicial interim release, that the appellant "reside with his mother" does not preclude temporary absences particularly where, as here, such absences are connected with one's job. Accordingly, the appeal is allowed, the conviction is quashed and an acquittal is issued.

Stroud, 2007 ONCA 9 (endorsement) ( ), at para. 1:

In the circumstances of this case, we are not persuaded that the requirement to report any change of address is breached where the offender regularly spends weekends with his girlfriend and returns to his mother's home on Sunday evenings or Monday mornings. Considering Stroud's personal effects, were at his mother's house and not at Sommerfeld's there was no address established at Sommerfeld's house and therefore no actus reus for the offence. The appeal is allowed, the conviction is set aside and an acquittal entered.


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