The applicant sought a review of a detention order following revocation of bail at the conclusion of a preliminary hearing on multiple sexual assault charges and a threat charge.
The preliminary hearing judge had revoked bail on the basis of committal to trial and concerns related to public protection.
The reviewing court held that committal for trial alone does not constitute a material change in circumstances sufficient to justify revocation of an existing release order.
The court further found that the preliminary hearing judge erred by conflating the secondary and tertiary grounds for detention and by relying on factors unsupported by evidence of breach.
The detention order was set aside and the applicant was released on bail with strict conditions including house arrest and supervision restrictions.
