2 total
Rehabilitation tempered denunciation in sentencing for a violent group robbery.
Sentencing decision arising from a planned group confrontation in a tunnel that led to robbery, assault, humiliation, and wounding of the victim.
The court found both offenders were youthful first offenders with strong rehabilitative progress and limited responsibility for the later escalation of violence, which neither was found to have caused or foreseen.
Applying the principles in ss. 718, 718.1, and 718.2 of the Criminal Code, the court declined to place primary weight on general deterrence and denunciation to the extent urged by the Crown.
One offender received a suspended sentence, 12 months' probation, and community service, while the other received 40 days intermittent custody followed by probation and community service, together with DNA and weapons prohibition orders.
Historic sexual assault allegations not proven beyond a reasonable doubt.
The accused, a young person within the meaning of the Youth Criminal Justice Act, was charged with rape, sexual intercourse with a female under 14, common assault, and threatening death arising from an alleged sexual assault in 1971.
The complainant reported the incident nearly forty years later.
The prosecution relied primarily on the complainant’s testimony and evidence from witnesses recounting her prior complaint.
The court held that while the complainant’s narrative could support a finding of probable guilt, several evidentiary concerns and inconsistencies created reasonable doubt when considered cumulatively.
Applying the criminal standard of proof beyond a reasonable doubt, the court acquitted the accused on all counts.
