G. Romano

The offender was convicted of sexual interference after digitally penetrating and fondling the 12-year-old cousin of his girlfriend.

The court accepted a joint submission from counsel, sentencing the offender to nine months' imprisonment less credit for pre-sentence custody at a 1.5:1 ratio, along with ancillary orders.

The court noted the severe impact on the victim and expressed disagreement with a prior decision finding the current one-year mandatory minimum for the offence unconstitutional, though the older nine-month minimum applied in this case.

The accused applied for a review of a detention order following a bail hearing where he had been charged with possession of a loaded restricted firearm, possession of cocaine for the purpose of trafficking, and breach of an undertaking.

The reviewing judge considered the secondary and tertiary grounds under s. 515(10) of the Criminal Code and the standard of review for bail review under s. 520.

The court held that the justice of the peace erred in relying on the tertiary ground after already determining detention on the secondary ground and failed to apply the principle that the tertiary ground must be used sparingly.

The court also found a material change in circumstances based on strengthened surety evidence and the removal of an unsuitable proposed surety.

The accused satisfied the onus for release and was granted bail with strict conditions and substantial sureties.