R v Hunt, 2018 ONCA 480

The Issue

Does late disclosure, delaying a bail hearing and causing “unnecessary and prolonged uncertainty [regarding his bail status] for the appellant and his family that he supported”.

The Answer

Credit may be provided for state conduct as per R v Nasogaluak, 2010 SCC 6. In this case, however, the trial judge properly rejected the request:

In the view of the sentencing judge, the alleged misconduct did not have anything to do with the circumstances of the offence or the offender so as to warrant consideration in sentencing: see Nasogaluak, at paras. 3 and 49. We agree. Moreover, even if the late disclosure can be described as state misconduct, it does not rise to the level of being a mitigating factor in this case. [@17].