The accused, having been convicted of sexual assault, was subject to a Crown application for a dangerous offender assessment.
The defence sought to retain a forensic psychiatrist to conduct a separate assessment, but the expert refused to work at the standard Legal Aid rate of $200 per hour, requiring $400 per hour.
The defence brought a Fisher/Peterman application for state funding at the enhanced rate.
The court granted the application, finding that requiring the accused to exhaust Legal Aid appeals or find another expert would cause undue delay and compromise his right to a fair trial, particularly given his lengthy pre-sentence custody and the disparity between Legal Aid rates and Crown expert rates.
