Jason Troy Pitts, 40, applied be released from custody pending appeal and to be assigned state-funded legal counsel. The motions were heard in chambers in Halifax March 24.
Judge Elizabeth Van den Eynden said that, as Pitts’s appeal is against sentence only, he must obtain leave to appeal before making his application for release. Leave to appeal was granted, but his requests for release and state-funded legal counsel were denied.
Van den Eynden said Pitts has failed to establish that his continued detention is not necessary in the public interest.
“Given the seriousness of the offences, his prior conviction, his lack of a sufficient release plan together with the potential level of risk Mr. Pitts presents to the public, particularly vulnerable children, it is not in the public interest to release Mr. Pitts,” she said in the decision.
Pitts underwent a forensic sexual behaviour pre-sentence assessment, which concluded his risk for re-offending “appears high, decreasing to moderate to high with a period of incarceration.”
Pitts applied to Nova Scotia Legal Aid for representation, but the request was declined following a merit assessment. Pitts appealed to the NSLA appeal committee, but the appeal was dismissed.
Van den Eynden said she is satisfied Pitts met the arguable issue threshold respecting his grounds for appeal, but found it is not in the interests of justice that he be assigned legal counsel. Based on several factors, she said there is nothing to suggest Pitts can’t have a fair appeal hearing without the assistance of counsel.
She said it appears Pitts is “able to comprehend the applicable legal principles and apply them” and has demonstrated an ability to communicate well and clearly. He was able to articulate the issues he raised in his Notice of Appeal and in the two motions before Van den Eynden.
“I also note he was successfully able to argue his extension of time motion before Justice Bourgeois without counsel,” Van den Eynden said in the decision.
Pitts pleaded guilty in October 2014 to charges of making, possessing and accessing child porn and to eight counts of conspiring to commit sexual assault on a child.
At sentencing, the court heard Pitts was involved in an online web streaming organization where he was communicating with individuals in the Philippines. Pitts was having children perform sexual acts with other children or with women for money.
There were five or six live shows and, in two instances, Pitts recorded these on his computer. Pitts had a collection of child porn images and videos aside from the recordings of the live shows.
More on the case
- Pitts was sentenced Feb. 4, 2015, to five years on the conspiracy charges and two years for making, possessing and accessing child porn.
- The court also granted a DNA order, a forfeiture order for items seized, a Section 161 order preventing Pitts from attending anywhere where children are present or can reasonably be expected to be present.
- The court imposed a lifetime Sex Offender Information Registration Act order against Pitts.
Jason Troy Pitts, 40, applied be released from custody pending appeal and to be assigned state-funded legal counsel. The motions were heard in chambers in Halifax March 24.
Judge Elizabeth Van den Eynden said that, as Pitts’s appeal is against sentence only, he must obtain leave to appeal before making his application for release. Leave to appeal was granted, but his requests for release and state-funded legal counsel were denied.
Van den Eynden said Pitts has failed to establish that his continued detention is not necessary in the public interest.
“Given the seriousness of the offences, his prior conviction, his lack of a sufficient release plan together with the potential level of risk Mr. Pitts presents to the public, particularly vulnerable children, it is not in the public interest to release Mr. Pitts,” she said in the decision.
Pitts underwent a forensic sexual behaviour pre-sentence assessment, which concluded his risk for re-offending “appears high, decreasing to moderate to high with a period of incarceration.”
Pitts applied to Nova Scotia Legal Aid for representation, but the request was declined following a merit assessment. Pitts appealed to the NSLA appeal committee, but the appeal was dismissed.
Van den Eynden said she is satisfied Pitts met the arguable issue threshold respecting his grounds for appeal, but found it is not in the interests of justice that he be assigned legal counsel. Based on several factors, she said there is nothing to suggest Pitts can’t have a fair appeal hearing without the assistance of counsel.
She said it appears Pitts is “able to comprehend the applicable legal principles and apply them” and has demonstrated an ability to communicate well and clearly. He was able to articulate the issues he raised in his Notice of Appeal and in the two motions before Van den Eynden.
“I also note he was successfully able to argue his extension of time motion before Justice Bourgeois without counsel,” Van den Eynden said in the decision.
Pitts pleaded guilty in October 2014 to charges of making, possessing and accessing child porn and to eight counts of conspiring to commit sexual assault on a child.
At sentencing, the court heard Pitts was involved in an online web streaming organization where he was communicating with individuals in the Philippines. Pitts was having children perform sexual acts with other children or with women for money.
There were five or six live shows and, in two instances, Pitts recorded these on his computer. Pitts had a collection of child porn images and videos aside from the recordings of the live shows.
More on the case
- Pitts was sentenced Feb. 4, 2015, to five years on the conspiracy charges and two years for making, possessing and accessing child porn.
- The court also granted a DNA order, a forfeiture order for items seized, a Section 161 order preventing Pitts from attending anywhere where children are present or can reasonably be expected to be present.
- The court imposed a lifetime Sex Offender Information Registration Act order against Pitts.