Charles Waite

The applicant sought a bail review to vacate a detention order after being charged with multiple domestic violence offences, including sexual assault and assault causing bodily harm.

The applicant argued a material change in circumstances occurred because the complainant recanted her allegations in multiple sworn statements and the applicant had already served significant pre-trial custody.

The court found that the recantation significantly weakened the Crown's case and that the time spent in pre-trial custody approached the likely sentence if convicted.

The application was granted, and the applicant was released on a recognizance with strict conditions, including electronic monitoring.

The applicant brought a Garofoli application to set aside a search warrant and exclude evidence under s. 24(2) of the Charter.

The court found that the Information to Obtain (ITO) contained material non-disclosures and inaccuracies, particularly regarding a flawed photo line-up and the police's failure to investigate the applicant's alibi.

After excising the erroneous information, the court concluded there was insufficient reliable evidence to support the warrant, resulting in a s. 8 Charter breach.

Applying the Grant framework, the court excluded the evidence, finding that the police's lack of diligence and the serious impact on the applicant's privacy interests meant admission would bring the administration of justice into disrepute.