Sean Bradley

The appellant appealed a finding of not criminally responsible (NCR) for possession of cocaine and breach of recognizance.

He argued that his trial counsel provided ineffective assistance by failing to oppose the Crown's application for an NCR assessment order and by failing to withdraw from the case.

He also argued that the application judge erred in making the assessment order.

The Summary Conviction Appeal Court dismissed the appeal, finding no miscarriage of justice or incompetence by trial counsel, and concluding that the assessment order was properly made as the appellant had repeatedly placed his mental state in issue through his bizarre statements in court.

The applicant, charged in 2013 with a 1976 murder, brought a motion for a stay of proceedings due to lost evidence.

The lost evidence included the notes of thirteen police officers, an audiotaped confession by a third-party suspect, a videotaped recantation by that suspect, and various occurrence reports.

The court found that the deliberate destruction of police notes and the unexplained loss of the recordings constituted unacceptable negligence, breaching the applicant's section 7 Charter rights.

Concluding that the cumulative prejudice irreparably harmed the applicant's ability to make full answer and defence, the court granted a stay of proceedings.