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Bail review dismissed; increased seizures in custody and proposed electronic monitoring did not constitute a material change in circumstances.
The applicant, charged with serious offences including robbery with a weapon and sexual assault, sought a bail review under section 520 of the Criminal Code.
He argued that a material change in circumstances had occurred due to an increased frequency of seizures while in custody and a new release plan incorporating electronic monitoring.
The Superior Court of Justice dismissed the application, finding that the medical evidence was not significant enough to alter the initial balancing exercise and that the addition of electronic monitoring did not cure the unsuitability of the proposed sureties.
The court further noted that even if a material change existed, detention remained justified on secondary and tertiary grounds.
The accused was sentenced to 26 months imprisonment for multiple offences including possession of a loaded prohibited firearm and driving while disqualified.
The accused pleaded guilty to multiple criminal charges arising from events in June, November 2015, and July 2016.
The charges included operating a motor vehicle while disqualified, obstruction of police, possession of methamphetamine, and possession of a loaded prohibited firearm.
The court imposed a global sentence of 26 months imprisonment, with 16 months remaining to be served after crediting enhanced pre-trial custody.
The sentence was followed by three years of probation and a three-year driving prohibition.
The court emphasized principles of general and specific deterrence, denunciation, and the serious nature of firearm offences, while also considering mitigating factors including guilty pleas, remorse, family support, and rehabilitation potential.
