C. Sweeney

The applicant, charged with sexual assault and sexual interference, sought a stay of proceedings due to a violation of his s. 11(b) Charter right to be tried within a reasonable time.

The total delay exceeded the 30-month presumptive ceiling set by R. v. Jordan.

While both the Crown and defence contributed to the delay through inaction, the court found the Crown bore a higher onus to ensure the case stayed on track, especially after preferring a direct indictment.

Despite the defence's failure to bring the application in a timely manner, the court attributed the greater portion of the delay to the Crown, finding the ceiling breached, and reluctantly stayed the proceedings.

The offender, Tiago Vieira-Paulino, pleaded guilty to eight criminal charges, including unprovoked knife attacks on strangers and intimate partner violence and child abuse against his partner and her three young children.

The Crown sought an eight-month custodial sentence, while the defence sought six months less a day, primarily to avoid immigration consequences.

The court rejected the proposed sentence as manifestly inadequate, finding it would bring the administration of justice into disrepute.

The judge emphasized the principles of denunciation and general deterrence, particularly for intimate partner violence and child abuse, and the gravity of unprovoked stranger assaults with a weapon.

A global sentence of two years less a day in custody, followed by three years' probation, was imposed, with credit for pre-sentence custody.

Jeffrey Adubofuor was found guilty of mischief and distributing an intimate image without consent.

The Crown sought a 3-4 month sentence, while the defence requested a conditional sentence, arguing the accused was a first-time offender and subject to anti-Black racism.

The court found no causal connection between the anti-Black racism experienced by the offender and the specific offences, nor did it affect his prospects for rehabilitation.

Emphasizing denunciation and general deterrence for intimate image distribution, particularly given the breach of trust, surreptitious recording, and the offender's lack of insight and disregard for the victim, the court imposed a 4-month sentence for distributing the intimate image and 2 years probation for mischief.

The accused, Scottie Ryerson, sought release on charges after being arrested for an alleged breach of a prior release order.

The Crown applied under s. 524 of the Criminal Code to vacate his earlier release.

The court considered Ryerson's lengthy criminal record, including multiple breach convictions, and the proposed surety, Mr. Phillips.

The court found that Mr. Phillips was not a suitable surety due to his lack of diligence and cooperation with police, and that Ryerson had not met his burden to demonstrate he could be released.

The court ordered Ryerson's detention on secondary grounds, concluding he was unwilling or unable to abide by bail conditions.