A. Cormie-Bowins

The accused pleaded guilty to possession of 500 grams of cocaine for the purpose of trafficking.

The Crown sought a penitentiary sentence of three years, less credit for pre-sentence custody and restrictive bail.

The court considered the six years the accused spent on strict bail conditions as a significant mitigating factor, reducing the fit sentence to two years less a day.

Finding the accused posed no danger to the community and had demonstrated significant rehabilitation, the court imposed a 17-month conditional sentence after deducting credit for pre-sentence custody.

The applicant sought a review of his detention order under s. 520 of the Criminal Code.

He argued that a delayed trial date and a new diagnosis of bipolar disorder constituted material changes in circumstances.

The Crown conceded the material changes but opposed release on the secondary ground due to the applicant's history of multiple charges and breaches.

The court found that the proposed surety plan, combined with the fact that the applicant's pre-trial custody would soon exceed the likely sentence for his initial charges, sufficiently mitigated the secondary ground risks.

The applicant was released on strict conditions.