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The court dismissed the appellant's appeal of his assault conviction and suspended sentence for grabbing his young child's arm.
The appellant, Christopher Hunt, appealed his conviction for assaulting his daughter and his suspended sentence.
The trial judge had found that the force used was not minor corrective force of a transitory or trifling nature, thus not falling under the s. 43 Criminal Code defence.
The appellant argued errors in the application of s. 43 and in the sentencing judge's finding that a discharge was inappropriate due to deterrence.
The court dismissed both appeals, upholding the trial judge's findings on corrective force and affirming that a discharge was not in the public interest given the aggravating factors and the need for denunciation and deterrence under s. 718.01 of the Criminal Code.
Detention review dismissed; COVID-19 risks and proposed release plan insufficient to overcome secondary and tertiary grounds.
The accused, facing charges of dangerous driving and trafficking large quantities of fentanyl, underwent a detention review under s. 525 of the Criminal Code.
The accused argued that the passage of time, the COVID-19 pandemic, and a new release plan constituted material changes in circumstances warranting his release.
The court found insufficient evidence that the accused was at a greater risk of contracting COVID-19 or suffering severe harm from it in custody.
Furthermore, the proposed release plan lacked sufficient detail to address the significant secondary and tertiary ground concerns arising from the severity of the offences.
The court ordered the accused's continued detention.
