2 total
Application for release of seized funds granted; accused proved lack of other means for legal expenses.
The accused, charged with drug trafficking and possession of proceeds of crime, applied under s. 462.34 of the Criminal Code for the release of seized funds to pay for his reasonable legal expenses.
The Crown opposed, arguing the accused failed to prove he had no other assets or means, including Legal Aid.
The court found the accused met his onus, noting his lengthy incarceration, lack of employment, and reliable hearsay evidence that he did not qualify for Legal Aid.
The court approved the release of $44,055.88 to cover the reasonable legal fees of his current counsel at a rate of $325 per hour.
First offender sentenced to 18 months in custody for sexual assault of a 15-year-old.
The accused, a 21-year-old first offender, was found guilty of sexual assault against a 15-year-old victim whom he met online.
The Crown sought 24 to 30 months in custody, while the defence sought a conditional sentence.
Applying the principles from Friesen, the court emphasized denunciation and deterrence for sexual offences against children, finding a conditional sentence inappropriate despite the accused's mitigating circumstances, including a difficult upbringing and lack of a criminal record.
The accused was sentenced to 18 months in custody followed by 18 months of probation, along with ancillary orders.
