Jeffery R. Richardson

The court addressed whether it lost jurisdiction over a trial when the accused was disconnected from a virtual hearing for 15 minutes during evidence.

The accused was charged with impaired driving.

The court considered the right to be present at trial, the less formal nature of summary conviction proceedings, and the impact of the COVID-19 pandemic on court operations.

The judge ruled against declaring a mistrial, finding that alternative remedies, such as providing the accused with a transcript and recording of the missed evidence and resuming the trial in person, could cure any prejudice and ensure a fair trial.

The case concerns the sentencing of Tyson Kennedy for multiple offences, including fraud over $5000, possession of fentanyl for trafficking, impaired driving, and breach of release orders.

The primary issue was the calculation of pre-sentence custody credit, specifically the application of "Duncan credit" for harsh conditions due to COVID-19 lockdowns.

The court reviewed the joint submission for a 42-month sentence, finding it lenient but acceptable, and then determined the appropriate credit, granting 0.5 days Duncan credit for each of the 73 lockdown days, in addition to the standard 1.5:1 Summers credit.