Cathy Hoffman

The accused was charged with multiple Criminal Code offences including uttering threats, assault, assault with a weapon, forcible confinement, sexual assault with a weapon, mischief, possession of a weapon for a dangerous purpose, making child pornography, and voyeurism.

He was also charged with Controlled Drugs and Substances Act offences including trafficking cocaine, production of marijuana, possession of marijuana for trafficking, and possession of cocaine.

The trial hinged on the credibility of the complainant and a second witness.

The court found both witnesses to be unreliable, manipulative, and not credible.

The accused testified that the activities were consensual BDSM play.

The court acquitted the accused of all Criminal Code charges and found him guilty of possession of cocaine and possession of marijuana (as a lesser included offence to trafficking), but not guilty of trafficking cocaine or production of marijuana.

The accused was charged with impaired care or control of a motor vehicle contrary to s. 253(1)(a) of the Criminal Code and with refusing to provide a breath sample contrary to s. 254(5).

The Crown's case was that the accused was found sleeping in his vehicle against a guardrail on Highway 403.

The defence argued that the accused had been involuntarily placed in the passenger seat by a friend who was driving, and that the friend caused the collision and fled the scene.

The court acquitted on the refusal charge, finding the accused was unable to provide a proper breath sample due to his level of intoxication.

The court convicted on the care or control charge, finding that the accused's position in the vehicle and access to keys established a realistic risk he would drive while impaired.

The accused was charged with four counts of trafficking in cannabis marijuana (less than 3 kilograms) on or about February 15, 2011, March 1, 2011, and two counts on March 10, 2011, all in Halton Hills.

The Crown's case relied on undercover police operations and surveillance evidence.

The defence argued the accused was merely assisting with pizza deliveries.

The court found the accused guilty on all four counts, rejecting the defence narrative and finding the pizza delivery story was a cover for drug trafficking operations conducted in conjunction with a co-accused youth offender.

The accused pleaded guilty to trafficking in marijuana under 3 grams and possession for the purpose of trafficking oxycodone.

The court imposed a global sentence of 8 months incarceration followed by 12 months probation with conditions including community service and a prohibition on drug possession.

The court rejected the defence submission for a conditional sentence, finding that denunciation and general deterrence were paramount given the serious increase in oxycodone trafficking in the community.

The court considered the accused's age, lack of criminal record, guilty plea, and family support as mitigating factors, but found the profit-motivated nature of the offences and the dangerous nature of oxycodone as aggravating factors.