A. DeGrace

A young person was charged with four counts arising from a stabbing incident in a school parking lot, including assault with a weapon, assault causing bodily harm, and weapons dangerous.

The Crown relied on testimony from the complainant, a witness, and the complainant's mother.

The defendant was alleged to have aided an adult perpetrator under section 21(1)(b) of the Criminal Code or to have acted pursuant to a common purpose under section 21(2).

The court found the Crown's evidence unreliable and insufficient to prove guilt beyond a reasonable doubt.

Critical evidence, including the alleged weapon (a taser baton), was never recovered by police.

The court acquitted the defendant on all charges.

The Crown brought an application to revoke the bail of Schaun Odoherty pursuant to section 524 of the Criminal Code on the basis of an anticipatory breach.

The Crown argued that the defendant's threatening emails to police and his demands for the return of seized weapons and other property demonstrated an intention to breach his bail conditions.

The court found that while the emails were concerning, the defendant's actual conduct when attending the police station contradicted any intention to breach his conditions.

The defendant did not request the return of the prohibited items and left peacefully when informed they were evidence.

The court concluded the Crown failed to meet its onus on a balance of probabilities and dismissed the application.