Vanessa Carew

The applicant sought a detention review under s. 520 of the Criminal Code, arguing a material change in circumstances after pleading guilty to several charges and receiving a sentence of time served, leaving only two sets of charges outstanding.

The court found that the new circumstances, including the anticipated pre-sentence custody credit and the withdrawal of his sister as a surety, would not have affected the original bail judge's decision to detain him on the secondary ground due to his extensive criminal record, escalating violent behaviour, and near certainty of reoffending.

The application for a detention review was dismissed.

The offender was found guilty of assault, sexual assault, mischief, and two counts of failing to comply with a probation order.

The offences involved choking the complainant and anally penetrating her without consent while she was at his apartment.

The offender was on probation at the time and had a significant prior criminal record involving violence.

The court weighed the aggravating factors, including the inherent violence of the sexual assault and the offender's limited insight, against mitigating factors such as family support.

The court sentenced the offender to a total of four years' imprisonment, less credit for pre-sentence custody, along with ancillary orders including a DNA order and a 20-year SOIRA registration.