This decision concerns the judicial screening of a "faint hope" application under section 745.6 of the Criminal Code by Sean Lenworth Anthony Spence, convicted of first-degree murder.
The court reviews the statutory and legal principles for screening, the applicant’s character and conduct in custody, the nature of the offence, victim impact, and the relevance of deportation.
The court finds that the application is not out of time, that the lower screening standard applies, and that there is a reasonable prospect a jury might reduce the parole ineligibility period.
The application is granted and a jury will be empanelled.
