Brian A. Callender

The defendant, R.W., was convicted of sexually assaulting D.N. and H.W., and touching them while under 16.

The offences occurred on the same day in 2018.

H.W. was the defendant's niece, 14 years old, and D.N. was a friend.

The Crown sought a 5-year imprisonment, while the defence proposed 3-4 years.

The court considered aggravating factors, including the victims' age, abuse of trust (for H.W.), and the defendant's alcohol issues and prior impaired driving convictions.

Mitigating factors included no prior history of sexual violence and a supportive relationship.

Applying sentencing principles, particularly denunciation and deterrence for child abuse, and guided by R. v. Friesen and R. v. Poulsen, the court imposed a total sentence of four years' imprisonment, with concurrent terms for each victim served consecutively.

Ancillary orders included a 20-year Sex Offender Information Registration Act (SOIRA) order (adjusted from lifetime due to R. v. Ndhlovu), a mandatory DNA order, a 10-year weapons prohibition, and a non-communication order.

The Crown applied for leave to introduce prior disreputable conduct evidence regarding the history of the relationship between the accused and the complainant.

The evidence was to be introduced through the complainant's testimony and facts admitted during four prior guilty plea proceedings.

The defence did not oppose the admission of this evidence.

The court exercised its gatekeeper function and, relying on established jurisprudence regarding intimate partner abuse, ruled that the evidence of prior acts was admissible.

The court granted the Crown's application.

The defendant, Kristopher Vaughan, was found guilty of sexually assaulting Cheryl Wright and was before the court for sentencing.

The court considered aggravating factors, including the victim's vulnerability, the location of the assault, the degree of invasiveness, the prolonged nature of the incident, and the significant emotional impact on the victim.

Mitigating factors included the defendant's lack of a prior criminal record, his military service, health challenges (depression, alcohol/anti-depressant mix), family support, and prospects for rehabilitation.

The court also factored in the harsher conditions of incarceration due to the COVID-19 pandemic.

Vaughan was sentenced to 15 months imprisonment, followed by 18 months of probation with specific conditions, and several ancillary orders including a weapons prohibition and sex offender registration.

Daniel Cook, charged with domestic violence offences and in custody, sought a bail application during a part-heard trial that was adjourned due to the COVID-19 public health crisis.

The court first determined that the bail application met the requirement for urgency.

The primary issue then became whether the substantive bail application should be heard by the trial judge (Justice Tranmer) or by the Ontario Court of Justice, given that the accused had not previously applied for bail.

The court distinguished R. v. Watts, finding that section 523(2)(a) of the Criminal Code empowers a trial judge to alter an accused's judicial interim release status once trial proceedings have commenced.

Consequently, the substantive bail application was referred back to the trial judge.

Kristopher Vaughan was found guilty of sexual assault.

At the sentencing hearing, the Crown applied on behalf of the victim to lift a publication restriction order previously made under section 486.4(1) of the Criminal Code.

The defendant took no position on the application.

The court, satisfied that the victim understood the effect and consequences of the request, granted the application, thereby permitting the publication of all information pertaining to the court proceeding, notwithstanding that it could identify the complainant.

The applicant, Timothy Allan Wood, challenged the decision of the acting Warden of Joyceville Institution to reclassify him to medium security risk and involuntarily transfer him to Collins Bay, a medium security institution, via an application for habeas corpus.

The court found a critical inconsistency between the correctional authorities' claim of relying on "believed reliable source information" and testimony that no reliability assessment was conducted for inmate sources.

Citing *Mission Institution v. Khela*, the court determined that the record did not meet the principles for reliable evidence, rendering the reclassification and transfer decision unlawful.

The application was granted.

Kristopher Rothery was found guilty of criminal negligence and aggravated assault of his seven-week-old son, Jackson Rothery.

The offences occurred when Jackson was in the defendant's sole care, resulting in severe injuries including rib fractures, subdural hemorrhages, and brain injury.

The court considered sentencing principles under the Criminal Code, including denunciation and deterrence, and aggravating factors such as offences against children and abuse of trust.

Mitigating factors included the defendant's age, lack of criminal record, and mental health challenges.

The Crown sought 3-5 years imprisonment, while defence counsel suggested 2 years plus probation.

The court imposed a concurrent sentence of three years for aggravated assault and eighteen months for criminal negligence, along with ancillary orders.

The appellant appealed his sentence of 18 years' imprisonment (less 18 months' credit for pre-trial custody) for making, possessing and distributing child pornography, sexual assault with a weapon, and sexual interference.

While babysitting his three nieces (six-month-old twins and a four-year-old), the appellant sexually abused them, filmed the abuse, and distributed the images on an Internet site devoted to made-to-order sadistic child pornography.

The Court of Appeal dismissed the appeal, finding the sentence was not demonstrably unfit despite being at the high end of the sentencing range.

The court emphasized the primacy of denunciation and deterrence in such cases and the unique and egregious circumstances of the offences.

The defendant, Kristopher Rothery, was charged with aggravated assault, criminal negligence, and failing to provide the necessaries of life to his seven-week-old son, Jackson.

Jackson suffered severe injuries including subdural haemorrhages, rib fractures, and brain injury.

The court found that the injuries were inflicted by Rothery, who had shaken the child and subsequently failed to seek timely medical help.

Rothery's defence, claiming accidental injury during resuscitation and an honest but mistaken belief that the child was fine, was rejected.

The court found Rothery guilty of aggravated assault and criminal negligence, staying the charge of failing to provide necessaries of life under the Kienapple principle.