Granting bail not easy decision: Judge

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This article was published 16/08/2023 (961 days ago), so information in it may no longer be current.

A woman who is facing allegations of repeatedly shoplifting from Real Canadian Superstore was granted bail after a decision that the judge called “very close to the line.”

Raeleen Benn, 29, made a successful bid for bail despite the Crown’s concerns that she would both not come to court and reoffend. Benn is facing multiple charges for failing to show up for her court appearances and thefts from the Superstore.

Crown attorney Rich Lonstrup read the evidence for the charges in court on Monday. The charges against Benn have not been proven in court and she remains innocent until proven guilty.

On March 27, 2023, police were dispatched to Superstore after a report from an employee that a woman who had been banned from the supermarket was back. Police found the woman near the exit door, carrying a backpack. Officers found fake nails, which weren’t paid for, in the pocket of her hoodie.

More recently, on Aug. 12, police were dispatched to the Superstore after receiving a report of a theft by a man and a woman. Officers located the duo in the 400 block of Ninth Street. The woman was placed under arrest and $83 of unpaid merchandise from the Superstore was found in her bag.

At the time, the woman had already been placed previously on a court-ordered condition to not attend Superstore.

In between the offences, the woman racked up numerous failure to appear charges.

The Crown’s submissions focused on Benn’s history of not following court orders as well as her history of property offences.

“I am past the point with Miss Benn of even trying to count how many convictions she has for theft under $5,000,” Lonstrup said, adding that she wasn’t stealing items for sustenance, but rather is alleged to have tried to steal fake nails.

The prosecutor also said that Benn’s charges for not appearing in court gave the Crown concerns that the 29-year-old would not deal with her charges if she was released from custody.

“The best predictor of her future behaviour is past behaviour,” Lonstrup said. “Letting her go puts her right back in [the] Superstore, reoffending.”

Benn’s defence lawyer, Bob Harrison, said that Benn was contesting the most recent theft charge, which meant that she could potentially be waiting months for a trial date.

“I don’t think the court should keep someone in custody for fake nails,” he said.

Harrison presented a bail plan that would have Benn living at the Safe and Warm shelter. Benn told Judge Patrick Sullivan that she was hoping to access services from the Addictions Foundation of Manitoba.

Though Sullivan said that Benn’s interest in addictions counselling was a good thing, he was concerned with the 29-year-old not turning herself in after she missed court. He said that he did acknowledge that poverty and homelessness make it difficult to keep track of dates.

Ultimately, Sullivan ordered Benn’s release. He placed her on conditions to report to police once a week, not attend Superstore and to come to court in person for every appearance. He also ordered that she report to AFM for an appointment within the next week.

“I have to tell you, this decision was not an easy one for me,” the judge said. “This was very close to the line.”

Benn will next appear in court on Sept. 7.

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