The appellant, a military member, appealed his sexual assault conviction on the basis of unreasonable delay under s. 11(b) of the Charter, and appealed his sentence regarding a $4,000 victim surcharge.
The Court of Appeal dismissed the conviction appeal, finding no error in the motion judge's characterization of pre-charge and post-charge delay.
The sentence appeal was allowed, and the victim surcharge was reduced to the statutory minimum of $100 because there was no inquiry into the appellant's ability to pay the elevated amount.
