C. Igwe

The offender was convicted of sexually assaulting a 23-year-old patron at a male strip club where he worked as a dancer.

The victim had consumed alcohol but was not incapacitated.

The offender performed unprotected fellatio and vaginal intercourse on the victim despite her saying no.

The Crown sought a sentence of two years less a day, while the defence sought 12 to 15 months.

The court found the unprotected nature of the assault, the semi-public location, and the offender's persistence after being told no to be aggravating factors.

The offender was sentenced to two years less a day in custody, followed by 24 months of probation, and ordered to comply with SOIRA for 20 years.

The accused brought a Charter application seeking to exclude a firearm found on his person during a search incident to arrest.

Police officers approached a parked vehicle to investigate a suspected Liquor Licence Act offence after observing open beer cans in plain view.

The accused argued his ss. 8, 9, and 10(b) Charter rights were breached by the investigation, his detention, and his subsequent arrest for drug offences after cocaine was found on the driver.

The court dismissed the application, finding the police lawfully investigated the liquor offence, the initial questioning did not constitute a detention, and the officers had reasonable and probable grounds to arrest the accused based on a constellation of facts.