The appellant, Ivan David Lira, appealed his convictions for robbery and firearms offences, and his sentence.
The conviction appeal centered on an alleged s. 10(b) Charter breach due to delayed access to counsel.
The Court of Appeal upheld the trial judge's finding that the delay was justified under the *Rover* exception due to police and public safety concerns and preservation of evidence, and that even if there was a breach, the evidence seized prior to the delay would not be excluded under s. 24(2) due to lack of causal link.
The sentence appeal argued insufficient credit for harsh pre-sentence confinement conditions.
The Court affirmed the trial judge's approach of applying 1.5:1 *Summers* credit and treating harsh conditions as a mitigating factor in the global sentence calculation, consistent with *Marshall*, without a specific mathematical quantification.
Both the conviction and sentence appeals were dismissed.
