C. Uwagboe

The accused applied for a bail review under s. 520 of the Criminal Code after being detained on charges including sexual assault and procuring.

He argued the justice of the peace erred in law and that a new release plan proposing electronic monitoring and an additional surety constituted a material change in circumstances.

The Superior Court of Justice dismissed the application, finding no consequential error in the initial decision and concluding that electronic monitoring could not cure a deficient release plan involving unsuitable sureties.

The offender was convicted of sexually assaulting and sexually interfering with his 12-year-old niece while he was on parole for manslaughter.

The court weighed aggravating factors, including the breach of trust and the offender's intoxication, against mitigating factors.

The court imposed a sentence of 30 months' custody for sexual interference, with the sexual assault charge conditionally stayed under the Kienapple principle.

The offender received 809 days of enhanced credit for pre-sentence custody.

The accused was charged with sexual interference and sexual assault against his 12-year-old niece.

The complainant alleged that the accused touched her buttocks and digitally penetrated her while she was sleeping in the living room.

The court found the complainant's core narrative to be credible and reliable despite some minor inconsistencies.

The accused was found guilty of both charges.