2 total
Second delay application summarily dismissed as manifestly frivolous due to accused's dilatory conduct.
The accused brought a second section 11(b) application for unreasonable delay post-conviction, shortly before sentencing.
The Crown applied to summarily dismiss the application as manifestly frivolous.
The court granted the Crown's motion and dismissed the accused's delay application, finding it had no reasonable prospect of success due to the accused's extensive history of late filings, non-compliance with the rules, and conduct that deliberately contributed to delay in the proceedings.
The court imposed a conditional sentence for serious firearm offences, heavily weighing social context evidence.
Justin Barrett pleaded guilty to failing to comply with a release order, possession of cocaine, fentanyl, a prohibited loaded firearm, and an oversized magazine.
The sentencing hearing was delayed for a 'Morris' report.
Both Crown and defence sought a conditional sentence, differing on its legal basis and length.
The court considered aggravating factors (loaded, modified firearm in public, flight from police, breach of house arrest, drug possession) and significant mitigating factors, including social context evidence (trauma, poverty, racism, lack of support, positive rehabilitation efforts).
The court found Mr. Barrett's moral blameworthiness significantly reduced.
A conditional sentence of two years less one day was imposed for the firearms charges (concurrently with a 60-day conditional sentence for other offences), followed by one year of probation, a DNA order, and a 10-year weapons prohibition.
The sentence included a de-escalating house arrest and curfew period.
