2 total
Bail pending appeal was denied due to undisclosed breach charges and strong trial convictions.
The appellant was convicted of sexual assault and unlawful entry into a dwelling house following a seven-day trial.
He received a sentence of two years less a day imprisonment and two years of probation.
The appellant sought bail pending appeal.
The Court of Appeal dismissed the application, finding serious deficiencies in the appellant's bail compliance history, material omissions in his affidavits regarding outstanding breach charges, and insufficient grounds of appeal to overcome public interest considerations.
The trial judge's findings regarding the victim's incapacity to consent due to extreme intoxication were well-grounded in evidence and revealed no obvious error.
Summary conviction appeal dismissed; trial delay fell below the 18-month Jordan ceiling due to defence-caused delay.
The appellant appealed his summary convictions for dangerous driving and flight from police, arguing the trial judge erred in dismissing his s. 11(b) Charter application for unreasonable delay and failed to provide adequate reasons.
The Superior Court of Justice dismissed the appeal, finding the trial judge's oral reasons were sufficient when read with the record.
Applying the Jordan framework, the court calculated the net delay at 16.2 months, below the 18-month presumptive ceiling, after deducting significant defence-caused delay and exceptional circumstances arising from the appellant's conduct at trial.
