Catch & Release Is For Wild Life, Not Criminals
This is a situation that is intensely personal to me. Before getting into the personal part though, I would first like to discuss the non-personal side and why “catch and release” is for fish, not criminals. The public is at risk with judges failing to protect the public. Under their watch our justice system is broken. There exist few better example of this than the judiciary releases of the violent and vicious criminal trash like Brandon James Seguin, pictured above.
I don’t know if it is possible or what it might require, but I believe Brandon James Seguin, A.K.A. Matt Oliveira (www.facebook.com/matt.oliveira.311), A.K.A. Benny Bee, needs to be picked up immediately, brought before a court of competent jurisdiction and then held without bail until his trial, and that opinion is based solely on the track record that you can see on public documents, and not upon other violations by Seguin that have my blood boiling.
Before looking at the specific facts regarding Seguin and his release onto the streets of greater Victoria, it is necessary that you are familiar with some of the legal criteria behind the basic terms “bail” and “probation” in order for you to understand how ludicrous it is that this slime ball is free. Only through this understanding will you be able assess the performance of our judges in their duty to punish criminals, protect you and deter crime.
Understanding Entitlement To Bail
Bail is a privilege that may be extended to an accused as the accused awaits trial. The basis in law for bail is that the accused has not yet been found guilty of any crime. Therefore an accused should not be required to sacrifice his/her freedom absent substantial proof of a crime.
In BC an accused is entitled to bail under a three part test. For bail to be denied, Crown must show why the detention of the accused in necessary:
- in order to ensure that the accused will attend court
- in order to maintain confidence in the administration of justice
- to protect the public.
Criterion #1: Will The Accused Attend Court?
A judge is required to also assess the likelihood of conviction of the accused. If that likelihood is substantial, the judge might not grant bail under #1, above, if in the judge’s mind that likelihood might mean that the accused will not actually show up for court. This consideration is especially relied upon in cases in which the accused faces considerable time in jail, when and if found guilty.
Still looking at #1, beyond that consideration, suffice it to say that past behavior is the best predictor of future behavior, so this decision as to whether or not the accused is likely to attend court can easily be made based on the track record of the accused, and if no track record exists, then the person should probably be allowed bail based on “benefit of the doubt”. Of course that assumes the individual qualifies under the other two criteria.
Criterion #2: Will The Release Of The Accused Maintain The Public Confidence In The Administration Of Justice?
When you have a day or two we can spend that time discussing this component of the three part evaluation. Depending on the crime though we might never come to a conclusion. However, I do think we can all agree that granting bail to an accused murderer, or an accused armed robber, or those accused of any of a number of other violent and/or dangerous crimes would have an effect on how the public might assess its faith in the justice system.
That being said, let’s focus our attention on the last of the three criteria. It is with this criterium that I hope to show you that the courts are far too lenient in protecting the public.
In making this determination, I think it is a “no brainer” that the various crimes discussed in the “public confidence” aspect of bail consideration, above, can readily be assumed to be crimes which would also cause the accused to be denied bail under the public risk category, as in general, those crimes are crimes which put people at risk. Remember, although the question of bail might arise because of a particular charge, the courts should decide bail with an eye toward the person’s entire circumstances and history and not looking solely at the currently charged offense.
Therefore, in making the evaluation required by this final component the courts must also consider the risk factors as to whether or not the accused is probable to commit the same offense again, or to commit a different offense that might be suggested by the criminal history of the accused.
Since bail is a privilege, the answer to the first part of this question is an obvious, “Yes”. Would it be an effective deterrent? Allow me to answer that question with three rhetorical questions.
- Would sending criminals to jail immediately more effective as a deterrent than allowing them to run free for six months, twelve months or even eighteen months while they await trial?
- Is not “swift” justice the most effective form of justice?
- Is failure to discourage an action not tantamount to encouraging that action? Think about this for a minute. If you put a bag with a dozen cookies in it on the kitchen counter and don’t tell your kid that there will be consequences if he/she gets into the bag, how many cookies will be remaining as you reach in for your cookie twenty minutes later?
Bail Versus Drug Dealing, Versus Protecting The Public
Are street drugs a danger to the public? The answer is obviously, “Yes”. In fact, the law has averred they are dangerous to the public. If they were not, the government would have no reason to declare them “illegal”.
Accordingly, it follows by “black letter law” that anybody dealing in those illegal, street drugs is a danger to the public. That being the case, it also follows that anybody caught dealing those illegal substances could be, and probably should be, denied bail under the need to protect the public. This is especially true if there is a likelihood that such an individual might repeat that offense while out on bail.
Who Qualifies As A Member Of The Public?
I think the Canadian Charter makes it clear that everybody is a member of the public and that we are all entitled to equal protections by the courts and by the various law enforcement agencies.
That being the case, a drug user, a street person, and even a prostitute, despite their failures in the eyes of society, are each members of the public and the courts NEED to protect them.
This punk mentioned earlier, whose picture represents this posting as the featured image, namely Brandon James Seguin, while out on bail when he should have been in jail, did a violent home invasion wherein he batted his male victim in the knees to disable the guy. That is not why I am so outraged though. When you choose drugs as a way of life that kind of stuff goes with the game.
I’m outraged because this vile excuse for a human being raped a friend of mine. Wearing a mask, he entered the apartment through a sliding patio door and after disabling the male, proceeded to rob and rape the lady.
Then before leaving, he stole her identification. He’s a damn trophy hunter and wanted that ID so he could relive the moment over and over. Trophy hunters normally have more than one victim, so this guy is probably a predator with multiple victims. Ladies, you need to be aware of this the next time that he “macks” on you or asks if you want to do a “hoot” with him.
On “the street” and in jail, males who sexually assault women are known as “skinners”. When skinners go to jail, they are segregated from the rest of the jail community and put into “Protective Custody” because other inmates will beat a skinner like a dusty rug on a sunny afternoon in the summer prairies.
I am outraged that this nineteen year old piece of human trash was free on the streets to commit his depraved rape. You should be outraged too when you look at the charges for which he was not given actual jail time.
The rape about which I am speaking occurred in January of this year. But this pond scum was hiding so deep that it took me over two months to sleuth out his aliases and find his Facebook page.
The alarming thing is that prior to that rape he had already been charged with and found “Guilty” of:
- Possession for the Purpose of Trafficking, Over $5,000. Folks, $5,000 is a lot of drugs. It is indicative of a level of dealing that ranks him far higher than a simple street dealer
- Possession of a Controlled Substance (illegal drugs, a separate charge from the possession charge, directly above)
- Break and Enter (I guess breaking into your house, car or business doesn’t make him a threat to your safety)
The Rape Prosecution Will Probably Never Happen
Will he ever get prosecuted for the rape? Probably not. He raped a drug addict and it is hard to prosecute when one of your witnesses is a part time drug dealer and addict and your other witness is a working girl and drug addict.
These types of individuals are hesitant to appear in court for fear of reprisal. Additionally, their addictions get in the way of them keeping appointments. In fact, since the rape this predator had somebody send the lady a text threatening to kick her teeth in if she said anything.
That being the case, the only thing I can do to find justice for my friend and to protect you, the reader, is to make as many people as I can aware of what Brandon James Seguin is really all about and hope justice finds him soon.
Since the rape, while still free on bail, he has been charged twice with Possession for the Purpose of Trafficking. He is also facing a charge of Possession of a Prohibited Weapon. Additionally, he has several Probation Breaches, as well as Possession of a Firearm.
IF THESE CHARGES, COMBINED WITH THE CHARGES BEFORE THE RAPE AND HOME INVASION, BUT EXCLUDING THAT RAPE AND HOME INVASION WHICH CANNOT BE CONSIDERED IN ANY BAIL DECISION AS HE HAS YET TO BE CHARGED WITH THEM, DON’T MAKE HIM DANGEROUS TO THE PUBLIC, I DON’T KNOW WHAT DOES.
She Is A Friend Of Mine
I would be equally irate were she not a friend. This hit even closer to home because she chose to call me immediately after the rape. I went to her at about 2:00AM, gave her a few dollars. We went to meet a dealer (It was the only pain relief available to her). Of course, I consoled her the best I could. I also called a cop friend of mine and reported the incident.
But He Had A Tough Childhood; I Don’t Give A Damn
Nobody should care about his tough childhood. It does not confer on him any right to rape and it does not entitle him to bail. I can guarantee you that my childhood was tougher than his.
Some Will Call Me A Rat, but I Don’t Give A Damn About That Either. I Already Stood In Court Against Wyatt Prince For His Home Invasion Murder
- Child Abuse
- Woman Abuse
If I witness them or find out about them, I will call the police. And if I was a witness, I will testify against them. As far as the rest of the crimes go, I’ll just wait for karma to nail the perpetrators.
I will always make this stand. Those who might wish to call me names because of it have an I.Q. lower than the one Seguin is signalling in his featured picture introducing this posting.
My voice is limited; yours is limitless
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