3 total
Conditional discharge denied for intimate partner choking despite significant collateral immigration consequences; suspended sentence imposed.
The 22-year-old first offender pleaded guilty to assault and assault by choking against his common-law partner.
The offences involved unprovoked, prolonged violence resulting in injuries.
The offender sought a conditional discharge to avoid deportation, as he lacked legal status in Canada.
The court held that while the collateral immigration consequences were significant, a conditional discharge would be contrary to the public interest given the gravity of the intimate partner violence.
A suspended sentence with probation was imposed as the minimum fit sentence.
The accused was found guilty of sexual assault and breaching release conditions.
This decision involves a sexual assault trial where the accused, Dru Norris, was charged with multiple counts including sexual assault and breaches of release conditions.
The court applied the framework from R. v. D.W. to assess the credibility and reliability of the complainant L.T. and the accused.
The judge found the accused's evidence inconsistent, illogical, and evasive, while accepting the complainant's testimony as credible and reliable.
The accused was found guilty of sexual assault and the breaches of release conditions.
Proceedings for firearms charges were stayed due to unreasonable delay exceeding the 18-month ceiling.
The Ontario Court of Justice considered a s. 11(b) Charter application for a stay of proceedings due to alleged unreasonable delay in the trial of Oluwatofunmi Ola, charged with firearms offences.
The court analyzed the timeline from arrest to anticipated trial conclusion, attributing delays to Crown and defence actions.
Despite the net delay being just over the 18-month Jordan ceiling, the court found that much of the delay was attributable to Crown-caused adjournments and reasonable defence unavailability.
The court ultimately granted a stay, finding the delay unreasonable and unjustified by exceptional circumstances.
