Chantelle M. LaFitte

The appellants, Sebastian Zamora and Nicholas Poku, appealed an order of the Superior Court of Justice that quashed their discharge at a preliminary inquiry and committed them for trial on drug trafficking and importing charges.

The Court of Appeal affirmed the reviewing judge's decision, finding that the preliminary inquiry judge committed jurisdictional error by improperly weighing evidence and drawing inferences, which is the role of the trier of fact.

The court declined to address the issue of when the actus reus of the offence of importing is complete, deeming it an inappropriate forum for such clarification.

Following a jury's guilty verdict for gang sexual assault and administering a stupefying drug, the court delivered reasons for sentencing Gavin MacMillan and Enzo DeJesus Carrasco.

Each offender received a total sentence of nine years imprisonment (seven years for gang sexual assault and two years consecutive for administering a stupefying substance), with credit for pre-sentence custody.

The court found that the victim never consented to the sexual activity, and the offenders had no mistaken belief of consent, rejecting their characterization of events as consensual BDSM.

Ancillary orders included DNA, lifetime prohibition, 20-year SOIRA, and non-communication.