Sunidhi Mehta

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Opening Statement:
Good morning, Your Worship. My name is Sunidhi and I am
representing the Crown in this case. My colleagues Suneel, Derrick,
Lubert and Kiera will be sharing the duties for presenting the
Crown’s case. This is a reverse onus due to the nature of the
charges and the outstanding matters against the accused. The
Crown is asking Mr. David Ocean to show reasons why he should be
released. The prosecution will be calling one witness: Peace Officer
Jack Smith for the purpose of presenting the alleged charged. Mr.
David Ocean, on 19th of November 2008, was charged with
unlawfully committing a sexual assault on Raine Forest and
threatening to use a weapon, contrary to s.272(a) of the Criminal
Code of Canada; taking authority of an unmarried person under the
age of 16, out of possession of and against the will of Russ Forest,
her parent, who had lawful care of her, contrary to s.281(1) of the
Criminal Code of Canada; prostitution of Raine Forest, a person
under the age of 18 years, contrary to s.212(1)(j) of the Criminal
Code of Canada; possession of a prohibited weapon, contrary to
s.91(2) of the Criminal Code of Canada and breaching of his
recognizance, contrary to s.145(3) of the Criminal Code of Canada.
He has a previous criminal record (Submission). On July 9, 2006, he
was guilty of an assault and was sentenced to a 12-month
probation. He breached his probation, which resulted in a 3-day
custodial sentence. On September 1, 2007, Mr. Ocean was charged
with possession of controlled substances. He was sentenced to 60
hours of community service. On September 19 of the same year, he
breached recognizance, which led to a 5-day Custodial Sentence and
a 12-months probation. Mr. Ocean also has some outstanding
matters committed by him in 2008 pertaining to assault, death
threats and carrying a concealed weapon. It can be easily concluded
that Mr. Ocean should not be let out on bail. The Crown has
concerns on Secondary and Tertiary Grounds. The past account of
the defendant has led the Crown to be unsure of his behaviour
outside the court. The defendant is known to re-offend and
therefore, is a danger to the society. Also, the nature of the offences
committed by the accused has increased in gravity. His release
would cause outrage among the people of Canada and question
their faith in the legal system. I would now like to call our first
witness Peace Officer Jack Smith to present the allegations.
Closing Statement:
Your Worship, I am representing the Crown in this case and have
intended to prove that the accused – Mr. David Ocean should not be
let out on the bail. On November 19th, 2008, Mr. Ocean was charged
with unlawfully committing a sexual assault on Raine Forest and
threatening to use a weapon, contrary to s.272(a) of the Criminal
Code of Canada; taking authority of an unmarried person under the
age of 16, out of possession of and against the will of Russ Forest,
her parent, who had lawful care of her, contrary to s.281(1) of the
Criminal Code of Canada; prostitution of Raine Forest, a person
under the age of 18 years, contrary to s.212(1)(j) of the Criminal
Code of Canada; Possession of a prohibited weapon, contrary to
s.91(2) of the Criminal Code of Canada and breaching of the
recognizance, contrary to s.145(3) of the Criminal Code of Canada.
Mr. Ocean also has a previous criminal record that has already been
submitted in the court. There were also some outstanding matters
regarding crimes committed by Mr. Ocean in 2008, for which he was
released on recognizance. It should be noted that it was during this
period that he committed the current offences. This shows that Mr.
Ocean pays little attention to rules or laws. Mrs. Barbara Ocean, the
accused’s mother, too confessed that she is unsure of her son’s
ability to abide by the court’s order. She has acted as a surety for
the offences committed by David on May 6, 2008 and now is unsure
about whether to trust her son. Mr. Alex Ocean – David’s father – is
the current surety for the March 2008 charges. He has clearly been
unable to ensure that David complies with the court orders since he
breached his recognizance and committed the above-mentioned
offences. Ms. Olive Fisher, the proposed surety and David’s aunt is a
nurse. She keeps busy hours and can be called out on emergencies
at the hospital. During such absences, David is placed in care of his
parents. His mother and father have already been inadequate
sureties and cannot be trusted to watch over David. Ms. Fisher is
unable to guarantee that she can provide 24/7 surveillance for
David. Moreover, Ms. Fisher has no kids of her own and is
inexperienced for this job. It has also been argued that Mr. David
Ocean has been doing rather well in the alternative school and
hence, should be given a chance. However, though it is a definite
improvement it has not deviated him from the path of crime. Further
on, the Crown has secondary and tertiary grounds to support his
case. Firstly, David has been given many chances and each has
 Sunidhi Mehta
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resulted in new charges against him. This time too there is a

substantial possibility that he may re-offend and therefore, be a
danger to the society. Secondly, the crimes committed by the
accused have escalated in gravity in a very short time. He is now
charged with kidnapping, sexual assault and prostitution of a person
under the age of 16 years. The public will be outraged if the accused
is released. To make certain that the people of Canada maintain
their faith in the legal system, Mr. David Ocean should be kept
behind bars until the trial. As s.515(10) of the Criminal Code of
Canada states: the detention of an accused in custody is justified
only on one or more of the following grounds: (b) where the
detention is necessary for the protection or safety of the public, and
there is substantial likelihood that the accused will, if released from
custody, commit a criminal offence or interfere with the
administration of justice; and (c) where the detention is necessary in
order to maintain confidence in the administration of justice. In
conclusion, according to s.515(10)(b) and (c) of the Criminal Code of
Canada, Mr. David Ocean should not be released on bail and I ask
you to find so. Thank you very much.

Criminal Record of Mr. David Ocean

2006 July 9 Assault with a weapon Probation 12 months

2006 September Breach Probation 3 days custodial
7 sentence
2007 September Possess Controlled 60 hours community
1 Substances service
2007 September Breach Recognizance 5 days custodial
19 sentence, probation
12 months
He has outstanding matters:
• Charges March 9/08 - Assault
- Threaten death
- Released on
recognizance

• Charges May 6/08 - Carry

concealed weapon (a knife)
- Possess
concealed weapon
- Breach
recognizance (no weapons)