Alexandra Penny

The accused, R.K.T., was charged with voyeurism, possession of child pornography, making child pornography, and distributing child pornography, stemming from surreptitious video recordings of his younger step-sister, C.M., in bathrooms when she was nude and under 18 years of age.

The accused, who was self-represented for most of the trial, pleaded not guilty.

The court found the accused guilty on all counts, concluding beyond a reasonable doubt that he made the recordings, possessed the child pornography, made child pornography, and distributed it to his cousin.

The offender was found guilty of assault, uttering a threat to cause bodily harm, and sexual assault causing bodily harm against his wife.

The Crown sought a sentence of 4 years and 4 months, while the defence sought a two-year conditional sentence.

The court considered the aggravating factors of intimate partner violence and the mitigating factors of the offender's lack of a criminal record, employment history, and the collateral immigration consequences.

The court sentenced the offender to a total of 3 years imprisonment.

The accused was charged with firearms and drug offences following a police takedown of a taxi.

He brought pre-trial applications alleging that police used excessive force by striking him on the head with a firearm while he was compliant and face down on the ground, violating his rights under s. 7 of the Charter.

The court found serious credibility issues with the police officers' testimony and accepted the accused's version of events, supported by an independent witness.

Concluding that the police conduct contravened fundamental notions of justice and undermined the integrity of the judicial process, the court granted a stay of proceedings under s. 24(1) of the Charter.

The accused moved for a stay of proceedings based on a breach of the right to trial within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms.

The accused had fled to Nicaragua in September 2013, approximately one month after being charged with sexual assault, unlawful confinement, and uttering death threats.

He remained abroad for nearly 42 months until his arrest upon return to Canada in April 2017.

The court found that the accused deliberately misled police about his whereabouts, actively avoided detection, and chose to remain in Nicaragua knowing of the outstanding arrest warrant.

The court held that this period of delay was caused solely by the accused and must be deducted from the total delay calculation.

With the deduction, the net delay of approximately 11 months fell well below the 18-month presumptive ceiling established in R. v. Jordan for trials in the Ontario Court of Justice.

The application for a stay was dismissed.

The offender was convicted of second degree murder by a jury for the manual strangulation of a disabled drug dealer.

The Crown sought a parole ineligibility period of 12 to 15 years, while the defence sought the statutory minimum of 10 years.

The court considered the aggravating factors, including the breach of trust, the victim's vulnerability, and the theft of drugs and money.

The court also considered the offender's Indigenous background and the Gladue factors, which contributed to his substance abuse issues.

The court sentenced the offender to life imprisonment with a parole ineligibility period of 11 years, reducing it from 12 years to reflect the Gladue factors.