Robert Mahler

The defendant, Jason Lusted, pleaded guilty to manslaughter after a preliminary inquiry into a second-degree murder charge.

The victim, Earl Clapp, died after being dragged under Lusted's vehicle during an attempted trailer theft.

The court considered aggravating factors, including Lusted's extensive criminal record, history of dangerous driving, and high moral blameworthiness, alongside mitigating factors such as a difficult childhood and drug addiction.

The judge imposed an 18-year prison sentence, with deductions for pre-trial custody (Summers and Duncan credits), resulting in an additional 14 years to serve.

The applicant sought release from custody following a material change in circumstances, namely the withdrawal and staying of drug offences, leaving only firearms charges.

The Crown conceded the primary ground but argued for continued detention on the secondary and tertiary grounds.

The court found detention was not justified on the secondary ground but initially found it justified on the tertiary ground due to the strength of the Crown's case regarding an unloaded firearm found in the applicant's bedroom.

However, the court concluded that a strict release plan, including house arrest with a surety and GPS monitoring, alleviated the tertiary ground concerns and granted the application for release.

The accused, Derek Horth, sought a review of a detention order issued by a Justice of the Peace.

Horth argued for release based on alleged material changes in circumstances, including an improved surety plan with increased financial commitment and electronic monitoring, and the public health risks posed by the COVID-19 pandemic in custodial facilities.

He also claimed the Justice of the Peace made four errors of law during the initial bail hearing.

The Superior Court found no material changes in circumstances, noting the continued unsuitability of the proposed sureties due to their lack of oversight and understanding of the accused's criminal history.

The court also dismissed the alleged errors of law, affirming the Justice of the Peace's assessment of the Crown's strong case and the necessity of detention on tertiary grounds to maintain confidence in the administration of justice.

The application for review was dismissed, and the detention order was upheld.

The applicant sought to withdraw his guilty plea to sexual assault, arguing that the plea was not voluntary, not unequivocal, not informed, and that he did not understand the legal consequences.

The applicant claimed he believed he was pleading to a lesser charge related to photographs rather than sexual assault itself.

The court rejected the application, finding that the applicant was fully informed of the charge, the Crown's evidence, and the consequences of his plea.

The court found the applicant's evidence lacked credibility and was contradicted by written instructions, the preliminary hearing record, and the applicant's own conduct in court.