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Call for mistrial means no sentencing for David Case today

Adjournment today to set date for mistrial arguments
Former Sudbury track coach David Case. (Supplied)

Former Sudbury track coach David Case was to be sentenced today on sexual assault and assault charges, but as the judge was ready to hand down his sentence, the defence called for a mistrial.

The case has now been adjourned for the time being to set a date for arguments on the defence's mistrial motion.

Case, 58, was convicted in March of one count of sexual assault, one count of assault causing bodily harm and one count of assault against a girl he coached in the 1980s and early 1990s. She was 15 when she first met Case, and she secretly married him in 1985 when she turned 18.

Defence lawyer Nicholas Xynnis was seeking three years of probation. The Crown is seeking a five-year prison sentence, that Case be listed on the Sex Offender Information Registry for 20 years, as well as a 10-year weapons ban and to not have contact with the victim. 

This is a developing story. More to come.


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