Philip Norton

The accused applied for a bail review.

In this addendum to the original reasons, the court amended the terms of release on consent of the parties.

The accused was granted judicial interim release upon entering into a $50,000 recognizance with one named surety and subject to various conditions, including house arrest, a weapons prohibition, and a non-communication order.

The accused applied for a bail review under s. 520 of the Criminal Code after spending 32 months in pre-trial custody on charges including drug trafficking and participating in a criminal organization.

The court found that the lengthy pre-trial custody constituted a material change in circumstances justifying a review of the initial detention order.

The court concluded that the proposed strict release plan, supervised by a reliable surety, adequately addressed the secondary ground for detention.

The accused was ordered released on a $50,000 recognizance with strict conditions.

The appellant appealed his summary convictions for committing an indecent act and dangerous driving.

The trial judge had convicted the appellant of the indecent act based on a perceived legal presumption that intent to act wilfully arises when the act is seen by another person.

The appeal court found this to be a legal error, as no such presumption exists, and ordered a new trial on the indecent act charge.

The appeal against the dangerous driving conviction was dismissed, as the trial judge reasonably concluded the appellant's driving in heavy fog was a marked departure from the standard of care.