Andrew C. Shatto

Gene Cassidy, a former high school teacher, pleaded guilty to sexually exploiting a 17-year-old former student.

The court considered aggravating factors such as multiple incidents, grooming, significant age difference, gross breach of trust, community impact, and severe victim impact.

Mitigating factors included an early guilty plea, genuine remorse, no prior criminal record, good character, rehabilitative steps, compliance with restrictive bail conditions, and significant collateral consequences.

The Crown sought 18 months to two years less a day in jail, while the Defence sought 45 days or significantly less than 18 months.

The court imposed an eight-month term of imprisonment, a two-year probation order with specific conditions, a 20-year Sex Offender Registry Order, and a primary DNA Order, declining a mandatory or discretionary firearms prohibition.

The applicant appealed a summary conviction for having care and control of a motor vehicle while his blood alcohol concentration exceeded the legal limit, contrary to s. 253 of the Criminal Code.

He argued that the trial resulted in a miscarriage of justice and that the evidence did not establish care and control or an intention to operate the vehicle.

The appeal court held that the trial judge made supported credibility findings and had an evidentiary basis to accept the police officer’s testimony that the accused was seated in the driver’s seat with the key in the ignition and the engine running.

Applying the realistic risk of danger test from R. v. Boudreault, the court found no error in the trial judge’s conclusion.

The appeal was dismissed.