An accused is released on bail -- but under very restrictive conditions. In the event of a conviction and sentencing how does the restrictive bail impact on sentence?
R. v. Downes [2006] 79 O.R. (3d) 321 states, "…that time spent under stringent bail conditions, especially under house arrest, must be taken into account as a relevant mitigating circumstance. However, like any potential mitigating circumstance, there will be variations in its potential impact on the sentence and the circumstances may dictate that little or not credit should be given for pre-sentence house arrest."
The Court goes on to say that "the amount of potential credit will depend upon a number of factors including, the length of time spent on bail under house arrest; the stringency of the conditions; the impact on the offender's liberty; the ability of the offender to carry on normal relationships, employment and activity."
The onus will be on the offender on a balance of probabilities to establish the negative impact of the bail conditions.
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Have you ever heard of a judge imposing such harsh restictions as " you will stay two meters away from any animal or bird"? This is the lastest restiction in 3 years of restrictions due to an alledged count of failing to care for animals. The charge resulted from an allegation made by an ex husbands best friend. The 3 year old charge is set to be heard in the fall. Other conditions and restrictions include jailed for 75 days (strip searched and assaulted while in custody), not allowed to own animals ( except 20 sheep) and now cannot visit friends or family with animals. She has been a rancher for 35 years with no prior record, but the past three years have been a nightmare for her.
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