Cosmo Galluzzo

The accused young persons, C.C. and V.F., faced charges including sexual assault and gang sexual assault.

At the close of the Crown's case, they brought a directed verdict application, arguing insufficient identification evidence.

The court, applying the Shephard test, found that while similarity of names provided some circumstantial evidence of identity, it was insufficient to satisfy the burden of proof beyond a reasonable doubt without further corroborating evidence.

Consequently, the motion for a directed verdict was granted, and both accused were found not guilty on all counts.

The court also noted other factors that would have made a conviction unsafe, including potential motives to fabricate by complainants and inconsistencies in their testimony.

The accused, charged with firearms offences, brought a Charter application challenging the search warrant for his residence.

The warrant was based primarily on information from a confidential informant who stated the accused kept a handgun in his vehicle.

The affiant officer asserted a generalized belief that the accused might transfer the firearm to his home, but omitted a material fact from surveillance that a satchel suspected of containing the firearm was left in the vehicle.

The court found the Information to Obtain lacked sufficient grounds to search the home, resulting in a section 8 Charter breach.

Applying the Grant framework under section 24(2), the court excluded the firearm and ammunition, finding the serious Charter-infringing conduct and impact on privacy outweighed the societal interest in adjudication on the merits.

Leone Bruno brought an application to exclude evidence obtained via a search warrant, arguing the Information to Obtain (ITO) lacked reasonable grounds and violated his s. 8 Charter rights.

The Crown relied on a heavily redacted ITO to protect a confidential informant's identity, necessitating a judicial summary under the R. v. Garofoli framework.

The court assessed the adequacy of the judicial summary and other disclosure, finding it sufficient for the defence to mount a challenge.

Upon reviewing the unredacted ITO (with one minor excision), the court applied the Debot criteria (credibility, compelling nature, corroboration) and concluded that it provided reasonable grounds for the warrant's issuance.

The court also found that the affiant made full, fair, and frank disclosure regarding prior incident reports.

Consequently, the application was dismissed, and no s. 8 Charter violation was found.

The accused was charged with three sexual offences involving a 14-year-old complainant.

The alleged incident occurred in the accused's car in an alley after the complainant and accused had consumed cocaine together.

The complainant testified to sexual contact including digital penetration, attempted kissing, and oral sex.

The accused denied all allegations.

The complainant's aunt, who was present in the home at the time, testified that no conversation about the incident occurred between the accused and herself, contradicting the complainant's account.

The court found the accused not guilty of all charges, citing concerns about the complainant's credibility due to her history of dishonesty and the timing of disclosure, combined with the powerful evidence of the aunt regarding the absence of the alleged McDonald's conversation.

The Crown sought to call three witnesses (Jason Chapple, Angelo Paggliariccia, and Nicola Marchese) at the sentencing hearing of the defendant, who had pleaded guilty to possessing a firearm while prohibited from doing so.

The witnesses, represented by counsel, applied to quash the subpoenas.

The defendant supported the application.

The Crown sought to establish that the offence was committed in association with a criminal organization (Hells Angels) under section 718.2(a)(iv) of the Criminal Code.

The court found that the Crown had not established that the witnesses could provide material evidence beyond the already-admitted facts and that allowing their testimony would constitute a fishing expedition.

The subpoenas were quashed.