3 total
Custodial sentence imposed for serious knife assault despite significant personal mitigation.
The court sentenced the offender after jury convictions for aggravated assault and assault arising from a knife attack that caused serious abdominal injuries.
The judge found denunciation and deterrence paramount, accepted that the offender believed she was reacting to a perceived threat involving her infant, but held she made a deliberate decision to arm herself, pursue the complainant, and inflict serious harm.
The court imposed a custodial sentence of thirteen months on the aggravated assault count and ninety days concurrent on the assault count, credited five months for restrictive bail conditions and 179 days for pre-trial custody, and added one year of probation with strict conditions, a ten-year weapons prohibition, and a DNA order.
The accused was acquitted of sexual assault as the Crown failed to prove lack of consent beyond a reasonable doubt.
The accused, Graham McLean, was acquitted of sexual assault following a judge-alone trial.
The case turned on whether the complainant, KA, consented to sexual intercourse on July 14, 2016.
The court found Mr. McLean’s evidence credible and reliable, supported by objective evidence such as photographs and weather data.
The complainant’s evidence was found to have inconsistencies and did not align with objective facts, raising reasonable doubt as to her reliability.
The court concluded that the Crown had not proven lack of consent beyond a reasonable doubt and acquitted Mr. McLean.
The court stayed a sexual assault charge due to unreasonable delay exceeding the Jordan ceiling following a mistrial.
This case concerns a s. 11(b) Charter application for unreasonable delay in a sexual assault prosecution.
The court found the net delay of approximately 20 months exceeded the 18-month Jordan ceiling, after accounting for defence waivers and partially deducting delay caused by a mistrial.
The Crown failed to adequately mitigate the delay following the mistrial.
A stay of proceedings was ordered.
