Bail review granted; vulnerable accused released without surety due to anticipated trial delay and poverty.
The applicant, who had been granted bail twice but was unable to secure a surety, sought a bail review under s. 525 of the Criminal Code to be released without a surety.
The court considered the applicant's poverty, addiction issues, and the anticipated delay before trial.
Applying the principles from R. v. Myers and R. v. Zora, the court found that the certain cost to the applicant's liberty outweighed the hypothetical risks on the primary and secondary grounds.
The court ordered the applicant's release on his own recognizance without a surety, subject to conditions including reporting to police and seeking addictions counselling.
Suspended sentence imposed for aggravated assault where the victim provoked the attack by throwing a drawer.
The defendant was found guilty of aggravated assault after choking his female friend in response to her throwing a dresser drawer down the stairs, which struck him on the head.
Both parties were intoxicated.
The Crown sought a 9-month custodial sentence, while the defence sought a suspended sentence, citing four years of strict bail conditions and the victim's provocation.
The court imposed a suspended sentence with 12 months of probation, noting the provocation and the defendant's remorse, along with a DNA order and a lifetime weapons prohibition.
