Andrea Camilletti

The accused was tried without a jury on one count of sexual assault contrary to section 271 of the Criminal Code and one count of sexual interference contrary to section 151 of the Criminal Code.

The allegations involved multiple incidents of sexual assault occurring between January 1, 2016 and January 9, 2024, perpetrated by the accused against his daughter while she was sleeping.

The complainant testified that the accused would enter her bedroom while intoxicated and touch her breasts, buttocks, and vagina.

The accused denied all allegations.

The court found the complainant to be a credible and reliable witness and rejected the accused's evidence as not credible due to material inconsistencies regarding his alcohol consumption, evasiveness, and implausible precision in recalling details.

The court found the accused guilty on both counts.

The accused pleaded guilty to manslaughter in the death of Terry Hull, who was shot on July 5, 2023, in Owen Sound, Ontario.

The accused fired two of three shots that killed the victim.

The court imposed a sentence of eight years imprisonment (net of pre-sentence custody credit), finding the case fell within the upper end of the 8-to-12-year range for manslaughter with significant aggravating factors, including the accused's lengthy criminal record, possession of modified firearms while prohibited, breach of release and probation orders, and efforts to conceal the body.

The court balanced aggravating factors against the mitigating factors of the guilty plea and harsh pre-sentence custody conditions.

Michael Paul Taylor was found guilty of impaired operation of a conveyance causing bodily harm (two counts), dangerous operation of a conveyance causing bodily harm (two counts), and refusing to submit to an evaluation.

The court rejected the Kienapple principle application, finding distinct elements for impaired and dangerous driving.

The sentencing considered aggravating factors, including the severe, life-altering injuries to two victims, the commercial nature of the vehicle, and the offender's extensive criminal and driving record.

Mitigating factors included intergenerational abuse from his Indigenous background (Gladue principles) and his chronic pain.

The court imposed a global sentence of 5 years imprisonment for the driving offences, plus a consecutive 6 months for refusing the drug test, a 15.5-year driving prohibition, a DNA order, and a lifetime weapons prohibition.

The applicant, T.D., brought a Charter s. 11(b) application for a stay of proceedings due to unreasonable delay in a sexual assault case.

The total delay was 55.6 months.

The court deducted 308 days for defence delay and other exceptional circumstances not related to the pandemic.

Applying the principles from R. v. Agpoon and R. v. Jordan, the court recognized the systemic and pervasive impact of the COVID-19 pandemic as a discrete exceptional circumstance, deducting an additional 14 months for pandemic-related delay.

Despite these deductions, the net delay remained in excess of the 30-month presumptive ceiling for Superior Court cases.

Consequently, the application for a stay of proceedings was granted.

The appellant appealed his convictions for assault and assault causing bodily harm against his father and sister.

The appeal was based on the trial judge's erroneous application of the rule in Browne v. Dunn and an impermissible adverse inference drawn from the appellant's exercise of his right to silence when questioned by police about his injuries.

The Crown conceded the Browne v. Dunn errors but argued the curative proviso should apply.

The Summary Conviction Appeal Court allowed the appeal and ordered a new trial, finding the errors were not harmless or trivial and the evidence was not so overwhelming as to make a conviction inevitable.

Mr. Caron appealed his conviction for driving with a blood alcohol level in excess of the legal limit.

The appeal raised four grounds: (1) "evidence to the contrary" regarding the expiry date of the alcohol standard solution, (2) delay in advising the right to counsel, (3) the fairness of a blended voir dire, and (4) whether Mr. Caron waived his right to counsel.

The court dismissed all grounds of appeal, upholding the trial judge's findings on the alcohol standard's expiry, the reasonableness of the delay in advising counsel due to officer safety, the informed consent to the blended voir dire procedure, and the voluntary waiver of the right to counsel.

Tyler Downs was found guilty by a jury of dangerous driving, by racing, causing bodily harm.

The court considered aggravating factors including the high speed street racing and severe injuries, and mitigating factors such as his youth, lack of criminal record, positive presentence report, and remorse.

For parity, the sentence of a co-accused, Bridge, was considered.

The court imposed a sentence of nine months imprisonment, a three-year driving prohibition, a ten-year firearms prohibition, and a secondary DNA order.

The accused pleaded guilty to defrauding a non-profit minor baseball association of $468,166.66 over a six-year period while serving as Treasurer.

The Crown sought imprisonment for two to three years, while defence counsel sought a conditional sentence of two years less one day followed by probation.

The court imposed a conditional sentence of two years less one day in the community followed by three years probation, along with restitution orders and a fine in lieu of forfeiture.

The court balanced the serious aggravating factors (breach of trust, large amount, extended period) against mitigating factors (guilty plea, remorse, no prior record, family support, and rehabilitation potential) and found that a conditional sentence could achieve denunciation and deterrence while promoting restorative justice.

The accused was charged with dangerous driving on the Queen Elizabeth Way on September 17, 2014.

A police officer observed the accused driving a silver Audi at 140 km/h in a 100 km/h zone, making multiple unsafe lane changes without signalling, causing other vehicles to brake, and accelerating to speeds exceeding 160 km/h while weaving between lanes and the HOV lane.

The accused fled when the officer activated emergency lights, cutting off a tractor-trailer in the process.

The court found both the actus reus and mens rea elements of dangerous driving established beyond a reasonable doubt, applying the marked departure standard from R. v. Roy.

The accused was convicted.

The accused was charged with aggravated assault contrary to section 268 of the Criminal Code for an altercation with another inmate at Maplehurst Correction Centre.

The defence argued the fight was consensual and that any injuries sustained by the complainant were unintended and unforeseeable.

The Crown argued the accused was the aggressor and that the complainant did not consent to the fight.

The court found that the accused was the physical aggressor throughout, struck the complainant multiple times, placed him in a chokehold causing unconsciousness, and that the complainant fell face-first onto a concrete floor resulting in serious facial fractures.

The court rejected the defence of consent and found the accused guilty of aggravated assault.