Ron Baccardy was convicted of impaired driving, a criminal offence. He was given a fine and a short jail sentence. The regional detention centre was very crowded at the time and Mr. Baccardy was required to share a small cell with another prisoner, a man with a known history of violence and a long criminal record. Within a short period of time, Mr. Baccardy was brutally assaulted in the cell and injured by the other prisoner. He sued the Crown for negligence. He argued that it was foreseeable he would be attacked and that he was owed a duty of care to be kept in a safe environment. The Crown countered by arguing that Mr. Baccardy brought the problem on himself by breaking the law in the first place. The Crown also argued that detention centres are not hotels, but to house criminals, and sharing a cell is inevitable sometimes. The Crown maintained they were not negligent in the matter. Discuss the main issues of the case.

Who will win the case and explain your reasons why

 

Ron Baccardy will win the case because the Crown has breached its duty of care to keep Mr. Baccardy safe while in the cell.

Step-by-step explanation

As the detention center, Crown has a duty to keep all prisoners including Mr. Baccardy safe despite that he broke the law. Crown must ensure that prisoners get adequate protection and the punishment which they deserve by serving their sentences. Unfortunately, Crown has breached its duty by keeping Mr. Baccardy in an unsafe environment. According to the facts in the case, Crown put Mr. Baccardy's life in danger by putting him in the same cell with a man who is known to have a history of violence. The detention center did not take any necessary step to secure Baccardy despite that it could foreseee that the violent man is likely to harm him. Crown's argument that Baccardy brought the problem to himself is not valid enough to justify its negligence. Legally, Baccardy is supposed to get the punishment which he deserves. For instance, he is supposed to serve his sentence and pay the fine for impaired driving but not to be brutally assaulted. Considering Crown's argument, it is vivid that the center was in negligent for failing to keep Mr. Baccardy safe. The detention center breached its duty and this means therefore, Mr. Baccardy is more likely to win and hold Crown liable for his injuries.