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