The applicant, convicted of sexual assault and serving a 720-day conditional sentence order with 425 days of home confinement, applied under s. 742.4(5) of the Criminal Code for two variations: permission to travel internationally to India for a non-immediate family wedding and to extend his community service beyond the prescribed 120 hours.
The court dismissed the travel request, finding it inconsistent with the sentencing judge's express intention to eliminate the applicant's travel lifestyle as a punitive restriction, and that permitting such travel would undermine the denunciatory and deterrent purposes of the CSO.
The court granted the community service variation, allowing the applicant to volunteer two days per week at a museum, as the restorative and rehabilitative purpose of continued community service did not displace the sentencing balance.
