Corrick

The accused was charged with possession of cocaine for the purpose of trafficking.

He brought a Charter application alleging breaches of his s. 8 and s. 9 rights, arguing he was arbitrarily detained and subjected to an unreasonable search and seizure.

Police detained the accused while investigating a reported break and enter.

During the detention, the accused placed a sandwich wrapper on a parked car.

After the accused was arrested for obstructing police, police found crack cocaine in the sandwich wrapper.

The court held that the accused abandoned the sandwich wrapper and thus had no reasonable expectation of privacy in it.

The court also found the investigative detention was lawful based on a 911 call.

The Charter application was dismissed.

The offender, an Aboriginal man with fetal alcohol spectrum disorder and a lengthy criminal record, was sentenced for sexually assaulting an intoxicated and unconscious victim and breaching his probation.

The court weighed the profound violation of the victim's sexual integrity and the offender's breach of trust against his severe childhood trauma and intergenerational trauma.

The court imposed a total sentence of two years in prison, reduced to ten months after crediting 14 months for pre-sentence custody, with no further probation ordered.

The offender, a 20-year-old with a criminal record, was found guilty of multiple firearm offences after police seized a loaded revolver from his vehicle.

He attempted to flee from police during the arrest.

The court weighed the aggravating factors of possessing a loaded firearm in public and his prior record against his youth and difficult upbringing.

The court imposed a total sentence of 51 months, reduced to 25 months after credit for pre-sentence custody.

The accused pleaded guilty to possession of a firearm without a licence and possession while prohibited.

He was a passenger in a car that was shot at, and he briefly possessed and threw away the driver's loaded gun when police approached.

The court found his possession was fleeting.

Considering his guilty plea, relative youth, and the unique circumstances, the court imposed a global sentence of 21 months.

After credit for 17 months of pre-trial custody, he was sentenced to one day in jail and two years of probation.

The accused was charged with possession of cocaine for the purpose of trafficking.

During his arrest, police officers mistook him for a fugitive and used excessive force, including punching, kneeing, and tasering him while he was handcuffed and compliant.

The court found the officers' testimony to be contrived and untruthful, and accepted the accused's version of events.

Concluding that the police conduct was extra-judicial punishment that offended society's sense of fair play and decency, the court found a breach of section 7 of the Charter and ordered a stay of proceedings under section 24(1).

The accused, charged with trafficking in heroin and possession of the proceeds of crime, applied for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of his right to be tried within a reasonable time under s. 11(b).

The total delay from arrest to the anticipated end of the trial was approximately 32 months.

The court analyzed the delay using the Morin framework and concluded that the institutional delay was 14 months and 3 days, which fell short of the 18-month guideline for Superior Court cases.

Finding that the prejudice suffered by the accused stemmed from being charged rather than the delay itself, the court dismissed the application.

The accused was charged with attempted murder, aggravated assault, and weapons offences following an unprovoked stabbing on a TTC subway train.

The identity of the assailant was established through circumstantial evidence, including videotape footage, clothing descriptions, and recognition by police officers who had investigated the accused earlier that day.

The court found the accused guilty of aggravated assault and the weapons offences, but acquitted him of attempted murder, finding the Crown failed to prove a specific intent to kill.

The offender, a 41-year-old first offender with significant health issues, was found guilty of possession of crack cocaine for the purpose of trafficking and possession of proceeds of crime.

The Crown sought a 15-month custodial sentence, while the defence sought a conditional sentence of the same length.

The court considered the principles of sentencing, including restraint and rehabilitation, and found that the offender posed very little risk of re-offending.

The court imposed a 15-month conditional sentence, followed by one year of probation, along with a firearms prohibition and a DNA order.

The offender was convicted by a jury of possessing a loaded prohibited firearm, possessing marijuana for the purpose of trafficking, and related offences.

He was subsequently found guilty of two counts of possessing a firearm contrary to prohibition orders.

The offender, a repeat firearms offender, was transporting the drugs and loaded firearm to a known drug dealer.

The court sentenced him to a total of nine years in prison, reduced to four years and ten months after granting enhanced credit for pre-sentence custody due to onerous remand conditions and the justice of the peace's failure to make a written notation under s. 515(9.1) of the Criminal Code.

The offender was found guilty of possession of cocaine for the purpose of trafficking, assault police, and possession of proceeds of crime.

The Crown sought an upper reformatory sentence of incarceration, while the offender sought a conditional sentence.

The court considered the offender's difficult background, genuine remorse, and 51 months of crime-free behavior while on bail.

The court imposed a conditional sentence of two years less a day, followed by two years of probation, along with a DNA order and a lifetime weapons prohibition.