The court determined a breach allegation under s. 742.6 of the Criminal Code in relation to a conditional sentence order containing no-contact conditions with persons under 16 years of age.
On admitted facts, the court found multiple wilful and flagrant breaches without reasonable excuse and held the offender failed to rebut the presumption that the remainder of the sentence should be served in custody.
The court rejected submissions that supervision exceptions, health concerns, or delay during suspension justified continuation of the conditional sentence or credit under s. 742.6(16).
Applying the governing authorities, the court terminated the conditional sentence and ordered the unexpired portion served in jail.
A custodial no-contact order was also imposed.
