A. Barnes

Three accused were tried on charges of robbery with a firearm, disguise with intent, possession of property obtained by crime, and possession for the purpose of trafficking cocaine and cannabis.

The Crown withdrew certain charges at trial.

The court found that the Crown failed to prove robbery with a firearm but established theft over $5,000.

Evidence from a recorded three-way phone call and text messages demonstrated that one accused orchestrated the theft with the store employee.

The court acquitted all accused of the drug trafficking charges due to insufficient evidence of knowledge and control, as multiple household members had access to the bedroom where drugs were found.

The accused pleaded guilty to multiple offences arising from two separate incidents involving young female complainants, including sexual assault with an imitation firearm, unlawful confinement, indecent exposure, threats, and breaches of recognizance.

The court considered aggravating factors such as the vulnerability and youth of the victims, the sexualized nature of the attacks, the use of an imitation firearm, and the psychological harm caused.

Mitigating factors included the offender’s youth, lack of prior criminal record, guilty pleas, expressions of remorse, and rehabilitative prospects.

The court also considered significant pre-sentence custody served under restrictive remand conditions and applied enhanced credit in accordance with applicable sentencing principles.

A global custodial sentence reflecting statutory minimum penalties and the totality principle was imposed, followed by probation and several ancillary orders.