What are the elements of a section 810 recognizance?

[175] The sub-issue in this proceeding is whether the evidence adduced in this proceeding, assessed on a balance of probabilities, establishes the subjective and the objective elements needed to permit the issuance of a section 810 recognizance, as a measure of preventative justice. As stated by Baynton J. in Regina v. Banks, supra., the subjective element is the informant’s actual fear that the defendant will cause personal injury to him or her or to his or her spouse, child or will damage his or her property, and the objective element is the existence of reasonable grounds for the informant’s fear. As the jurist noted both elements need to be proven before the justice has jurisdiction to make a section 810 order against the defendant.