Kristin Bailey

The appellant pleaded guilty to attempted break and enter and related offences, receiving a sentence of two years less a day and three years' probation.

He appealed the sentence, arguing the trial judge erred by denying credit for five months of pre-trial custody without providing reasons.

The Court of Appeal agreed the trial judge erred in principle by failing to provide reasons for denying credit.

However, given the appellant's lengthy criminal record and the fact that the offences occurred shortly after his statutory release, the Court concluded the sentence was not demonstrably unfit and dismissed the appeal.

The respondent's bail hearing was delayed by four days due to an illegal strike by correctional officers.

The trial judge granted a stay of proceedings, finding the delay and the strike shocked the conscience of the community.

The Crown appealed.

The Court of Appeal allowed the appeal and set aside the stay, holding that the illegal strike was not state misconduct, the delay was brief, and there was no evidence of actual prejudice to the respondent.