Bryan Kolman

The defendant, Mayuran Sritharan, was charged with assaulting his younger brother with a butcher knife and uttering threats to cut his throat.

The complainant testified that during an argument, the defendant retrieved a butcher knife, held it above his head, pointed it at him, and threatened him in Tamil.

The complainant felt concerned for his safety and called the police.

The court found the complainant to be a credible and reliable witness.

Applying the legal principles for assault with a weapon and uttering threats, the court determined that the defendant's actions and words, coupled with the complainant's genuine fear, met the actus reus and mens rea for both charges.

A young person was convicted of multiple offences arising from a home invasion style robbery committed on August 8, 2011.

The offences included unlawfully being in a dwelling, aggravated assault, assault with a weapon, forcible confinement, threatening death, and robbery while armed with a firearm.

The Crown applied to designate the offences as serious violent offences under section 42(9) of the Youth Criminal Justice Act.

The court found that the young person facilitated entrance into the victims' apartment and was a party to the offences, though he did not directly participate in the physical violence.

The victims suffered substantial physical and psychological harm, including one victim having his thumb and toe severed.

The court granted the Crown's application for serious violent offence designation and imposed a custodial sentence.