Chris Chorney

The offender was convicted of sexually assaulting an 11-year-old victim.

The Crown sought a sentence of three to four years, while the defence argued for 12 months.

The court found the victim's age and vulnerability to be significant aggravating factors, but noted the offender's youth, community support, and remorse as mitigating factors.

The court sentenced the offender to two years less a day in custody, followed by two years of probation.

The court granted credit for pre-sentence custody on these charges but denied credit for time spent in custody on unrelated charges.

The accused, Dwight Deshawn John, was charged with sexual interference and sexual assault involving an 11-year-old complainant (JN).

The court considered the defence of 'mistake of age' for sexual interference and 'honest but mistaken belief in communicated consent' for sexual assault.

The court accepted the accused's subjective belief that JN was 18 years old and found that he took all reasonable steps to ascertain her age, leading to an acquittal on the sexual interference charge.

However, the court found that the accused failed to take reasonable steps to ascertain JN's consent for sexual activity, leading to a conviction for sexual assault.

The accused, Jeetinder Gill, was charged with attempted murder and aggravated assault.

The Crown did not pursue attempted murder.

The court assessed the credibility and reliability of multiple witnesses, including the complainant and his associates, finding their testimonies to be inconsistent, self-serving, and unreliable, particularly regarding alcohol and drug consumption and the events leading to the stabbing.

Objective evidence from a hotel guest and manager contradicted the complainant's narrative of a peaceful interaction.

The court found that the Crown failed to prove beyond a reasonable doubt that the accused committed the stabbing.

An acquittal was entered.