Jason Balgopal

The applicant, a homeless individual with a lengthy criminal record, sought release on a 90-day detention review under s. 525 of the Criminal Code.

He had been detained on secondary grounds and had spent nearly five months in pre-trial custody.

The court considered the impact of the COVID-19 pandemic on his prior failures to attend court and his status as a member of a vulnerable population under s. 493.2.

Finding that the time he would spend in custody before trial would likely exceed any proportionate sentence, the court concluded that his continued detention was not justified and ordered his release on his own recognizance with conditions.

The accused was charged with sexual assault after grabbing the complainant from behind, knocking her to the ground, and touching her vaginal area over her clothing.

The accused admitted to grabbing the complainant but claimed it was a case of mistaken identity, believing she was his girlfriend, and denied any sexual touching.

The court applied the W.(D.) test, rejected the accused's evidence as not credible, and found that the Crown proved the elements of sexual assault beyond a reasonable doubt.

The accused was found guilty.

The accused was charged with robbery with a firearm, pointing a firearm, unauthorized possession of a firearm, and breaching probation and prohibition orders.

The victim testified that the accused and an accomplice entered an apartment, put a gun in his mouth, held a knife to his throat, and stole his money and shoes.

A key witness recanted her prior statements, prompting a successful KGB application by the Crown.

The court found the victim's testimony credible and, relying on R. v. Charbonneau, concluded the unrecovered weapon was a real firearm.

The accused was found guilty on all counts.