Shane W. Miles

This sentencing decision addresses multiple offences including breach of a release order, assault, and assault causing bodily harm within the context of intimate partner violence.

The offender, C.P., pleaded guilty after trial commenced, and the court considered both the evidence presented and facts read in by the Crown.

The decision emphasizes the seriousness of intimate partner violence, including physical, emotional, and psychological abuse, as well as breach of court orders.

The court balanced aggravating factors such as repeated breaches and ongoing abuse with mitigating factors including the offender’s guilty plea and efforts to address addiction.

The offender was sentenced to 12 months custody on each count concurrently, with enhanced credit for pre-sentence custody, followed by three years probation with strict no-contact conditions and ancillary orders including DNA sampling and a lifetime weapons prohibition.

The Applicants sought a stay of proceedings under sections 11(b) and 24(1) of the Charter of Rights and Freedoms, alleging unreasonable delay.

The total delay from the swearing of the information to the anticipated end of trial was 30 months and 30 days, exceeding the 18-month presumptive ceiling for provincial court matters.

The court found that significant disclosure delays and the Crown's failure to manage the co-accused's matter contributed to the delay.

While a period of 41 days was attributed to the COVID-19 pandemic's impact on initial court appearances, the Crown failed to demonstrate that the pandemic caused the overall protracted delay or that they took reasonable steps to mitigate it.

The court also deducted 52 days for defence-caused delay related to date setting.

Ultimately, the remaining delay of 27 months and 19 days was found to be presumptively unreasonable, and the Applicants' s. 11(b) rights were breached, leading to a stay of all charges.