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The Court of Appeal denied an extension of time and leave to appeal from a refusal to vary probation conditions, finding no reasonable chance of success.
The Court dismissed the Crown's appeal: the ORB did not err in law and its decision was reasonable because the Board properly balanced victim safety and the accused's liberty, the no-contact order combined with the 500-metre prohibition and other conditions were necessary and appropriate and the Board reasonably concluded a geographic boundary condition was not required.
Source excerpt
The application was granted because the court accepted the investigating officer’s evidence that the complainant feared seeing the accused and that a screen would make her calmer and facilitate a full and candid account; considering the s.486.2(3) factors, including the nature of the alleged anal sexual assault and the public interest in encouraging reporting, the judge concluded the order was in the interest of the proper administration of justice.
Source excerpt
Sentencing decision accepting a joint submission for manslaughter and arson causing bodily harm, with concurrent prison terms and ancillary protection orders.
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