Ahmed Ibrahim Ahmed Absiye

Saffira Andrews pleaded guilty to common assault for repeatedly punching a stranger at a baseball game.

The Crown sought a suspended sentence, while the defence sought a conditional discharge.

The court had to determine a fit sentence, resolve a contested aggravating factor related to post-offence conduct (leaving the victim after a subsequent assault by a co-accused), and separate the impact of Andrews' assault from the co-accused's more severe assault.

The court granted a conditional discharge, finding it was in the defendant's best interest and not contrary to public interest, considering her mental health crisis, indigenous heritage, and rehabilitative efforts.

This was a judge-alone criminal trial for sexual assault.

The complainant alleged that the accused sexually assaulted her after she had initially consented to some sexual activity but later withdrew consent due to intoxication and feeling pressured.

The court assessed the credibility of both the complainant and the accused, finding the complainant's testimony credible and reliable despite minor inconsistencies, and the accused's testimony unreliable due to numerous contradictions and evasiveness.

The court found that the complainant's consent was revoked following a shower, and subsequent sexual acts occurred under duress and without voluntary consent.

The accused was found guilty as charged.

Two accused pleaded guilty to importing cathinone (the active ingredient in khat) contrary to s. 6(1) of the Controlled Drugs and Substances Act.

The Crown initially sought imprisonment but later revised its position to seek fines.

Both accused sought absolute discharges.

The court established that absent significant aggravating factors, custodial sentences are rarely appropriate for khat importation given the substance's limited harmfulness.

Both accused received absolute discharges, with mandatory firearm prohibition orders imposed.