A. Paparella

The accused pleaded guilty to failing to remain at the scene of an accident knowing that bodily harm had been caused, contrary to section 252(1.2) of the Criminal Code.

The accused was the driver of a vehicle that rolled after running a stop sign while he was distracted by an argument with a passenger.

Two occupants suffered life-threatening injuries.

The accused briefly checked on one injured person, then left the scene with another passenger, flagging down a passing motorist for a ride.

He did not call for assistance or advise anyone of the accident.

Emergency responders took 26 minutes to locate the scene because the accused, who knew the location, had fled.

The court sentenced the accused to 12 months custody, a two-year non-reporting probation order, a three-year driving prohibition, a DNA order, and conditions prohibiting contact with the injured parties and attendance within 100 metres of their residences or workplaces.

A 14-year-old youth pleaded guilty to 16 counts of sexual assault and one count of touching for a sexual purpose against a five-year-old victim on a school bus over a seven-month period.

The offender was a school bus monitor who groomed the victim through friendship and trust.

The court determined that the offences constituted violent offences under section 39(1)(a) of the Youth Criminal Justice Act based on the psychological harm caused to the victim.

The court imposed a deferred custody and supervision order of four months in custody and two months supervision, followed by one year of probation, rather than immediate incarceration, based on the offender's youth, supportive family environment, positive response to rehabilitation, and the availability of intensive monitoring and treatment programs.

The respondent was convicted of sexual assault, sexual interference, and invitation to sexual touching.

At sentencing on March 27, 2013, the court imposed a joint submission requiring compliance with the Sexual Offender Information Registration Act for 10 years.

On April 17, 2013, the Crown brought an application to correct this ancillary order.

The court found that the original order was erroneous, as the Criminal Code provisions require lifetime compliance with the Sexual Offender Information Registration Act when an individual has been convicted of more than one enumerated offence.

The court retained jurisdiction to correct the error within 90 days and amended the order to require lifetime compliance.

The defendant brought a section 11(b) Charter application challenging delay in a summary conviction impaired driving prosecution.

The information was sworn on April 13, 2011, and the trial was scheduled to commence on January 30, 2013, representing a delay of 24 months and 19 days.

The court found that systemic delay to the third trial date of November 16, 2012 amounted to 12 months and 5 days, which exceeded the Morin guidelines of 8 to 10 months for summary conviction proceedings.

The court granted the application and stayed the charge, finding that the defendant's right to trial within a reasonable period of time had been infringed.

The accused was charged with one count of sexual assault against S.L. (alleged to have occurred between July 15 and August 15, 2010) and one count of sexual assault, one count of invitation to sexual touching, and two counts of sexual interference against S.O. (alleged to have occurred on September 4, 2010).

The charges were tried together as the facts overlapped.

The accused pleaded not guilty to all charges.

The court heard evidence from the two alleged victims, a defence witness, the accused, and a friend of the accused.

The court found the evidence of the two alleged victims credible and consistent, while finding significant inconsistencies and credibility issues with the accused's testimony and defence witnesses.

The court convicted the accused of sexual assault against S.L., sexual assault against S.O., sexual interference against S.O., and invitation to sexual touching against S.O. One count of sexual interference was dismissed as it was not a separate act.

The accused pleaded guilty to possessing child pornography and careless storage of ammunition.

The Crown sought imprisonment of four to six months followed by three years probation.

Defence counsel sought 90 days intermittent imprisonment.

The court imposed 90 days intermittent imprisonment (served weekends over approximately 30 weeks), three years probation with strict conditions including house arrest during the intermittent sentence, a DNA order, Sex Offender Information Registration Act compliance for 10 years, a 10-year prohibition on accessing children under 16, forfeiture of computer equipment and media, a $500 fine for the ammunition charge, and a 10-year firearms prohibition.

The court balanced the seriousness of the offence against mitigating factors including the accused's otherwise good character, genuine remorse, engagement in counselling, guilty plea, and impact on his family.