Alex Lam

The appellant, Shane Thomas, appealed his indeterminate sentence as a dangerous offender.

He had been found guilty of attempted murder, aggravated assault, and uttering a threat, and declared a dangerous offender due to a pattern of repetitive and persistent aggressive behaviour and the brutal nature of his offences, including reoffending while serving a Long-Term Sentence Order (LTSO).

The appellant argued the trial judge failed to consider another LTSO, relied unduly on risk assessment instruments, and did not consider flaws in the previous LTSO's implementation.

The Court of Appeal dismissed the appeal, affirming the trial judge's decision, finding that reoffending while on an LTSO was a serious aggravating factor and that risk assessments were appropriately used as part of a multi-factorial analysis.

Dylon Duarte was convicted of second-degree murder for the stabbing death of Tyquan Brown.

The court was tasked with determining the period of parole ineligibility, which could range from 10 to 25 years.

The Crown sought 20 years, citing numerous aggravating factors including a history of domestic violence, after-the-fact conduct, and an element of planning.

The defence argued for a 10-12 year period, emphasizing lack of planning and the offender's remorse and efforts at rehabilitation.

The court found the murder to be within a domestic violence context, despite the victim being a stranger, due to the offender's rage and obsessive pursuit of his ex-partner leading to the killing.

Considering the aggravating factors and the expanded range for domestic violence murders (12-17 years), the court fixed the parole ineligibility period at 16 years.

Ancillary orders included a DNA order, a lifetime weapons prohibition, and a non-contact order with the victim's family.

The accused was charged with attempted murder and aggravated assault following a stabbing at a street festival.

The accused and the victim, who did not know each other, engaged in a verbal altercation regarding the welfare of a puppy.

The victim, who was larger and older, unexpectedly punched the accused in the head.

In response, the accused drew a folding knife and stabbed the victim.

The court applied the framework for self-defence under section 34 of the Criminal Code and found that the Crown failed to prove beyond a reasonable doubt that the accused's actions were unreasonable in the circumstances.

The accused was acquitted of all charges.