A. Barnes

The accused was charged with sexual assault after a stranger grabbed the complainant's buttocks.

The complainant followed the assailant to a convenience store, and police later obtained surveillance video showing the accused in the store.

The court assessed the reliability of the complainant's eyewitness identification, noting several frailties including cross-racial identification, discrepancies in the description of the assailant's build and clothing, and the short duration of observation under stress.

The court found these frailties raised a reasonable doubt about identity and acquitted the accused.

The accused was charged with sexual assault following an incident in which a complainant alleged that a man grabbed her buttocks outside an apartment building on Sherbourne Street in Toronto at approximately 3:30-4:00 a.m.

The complainant followed the alleged assailant to a convenience store and identified him on surveillance video.

The Crown relied primarily on the complainant's eyewitness identification.

The court acquitted the accused, finding that despite the complainant's detailed account and her absolute certainty, the cumulative frailties of her evidence, including inconsistencies regarding the assailant's build, the colour and design of his t-shirt, and the inherent dangers of eyewitness identification evidence, left the court in reasonable doubt as to the accused's identity as the perpetrator.

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.