David Allan

The defendant was charged with assault with a weapon, uttering threats, and mischief under five thousand dollars arising from a domestic incident on November 29, 2017.

The defendant also faced an allegation of breaching a conditional sentence order by failing to keep the peace and be of good behaviour.

At trial, the criminal charges were withdrawn in exchange for the defendant admitting the breach.

The court accepted the admission and found a breach had occurred.

Following submissions on disposition over three court dates, the parties jointly proposed that the defendant continue serving the conditional sentence with amended conditions.

The court accepted this proposal but determined it was necessary to clarify the calculation of time remaining on the conditional sentence, specifically addressing when the sentence was suspended, when suspension terminated, and whether time ran during the suspension period.

Katelyn Skead, 26, pleaded guilty to manslaughter for the fatal stabbing of an 80-year-old elder, James Redsky, during a home invasion and attempted car theft while intoxicated.

The court considered a joint submission for a 13-year sentence, with credit for time served.

The sentencing judge applied Gladue principles, acknowledging the offender's horrific childhood, substance abuse issues, and the legacy of colonialism affecting her First Nation community, while also weighing the aggravating factors of the violent nature of the crime and its impact on the victim's family and community.

The joint submission was accepted, resulting in a 13-year sentence less 3 years credit for pre-sentence custody, along with a DNA order and a lifetime weapons prohibition with an exception for constitutional/treaty hunting and fishing rights.

The appellant, Zachary Leonard, appealed a decision where a reviewing judge, upon a breach of a conditional sentence, collapsed consecutive conditional sentences and ordered a custodial sentence that exceeded the maximum allowable for summary conviction offences.

The Superior Court of Justice considered whether consecutive conditional sentences merge for the purpose of reviewing a breach and if the reviewing judge exceeded her jurisdiction.

The court found that conditional sentences do not merge for breach review purposes and that the reviewing judge erred in principle by imposing a custodial sentence of 207 days, which exceeded the 180-day maximum for summary conviction offences under the Criminal Code.

The appeal was allowed, the sentence adjusted, and the appellant ordered released to resume his conditional sentence.

The accused was charged with sexual assault, sexual interference, and invitation to sexual touching against his former common-law partner's granddaughter.

The complainant, who was a child at the time of the alleged offences, testified to multiple incidents of inappropriate touching.

The accused testified and denied all allegations.

Applying the W.(D.) framework for assessing credibility, the court found the complainant's evidence unreliable due to significant memory gaps regarding the alleged incidents and subsequent disclosures.

The court was left with a reasonable doubt and acquitted the accused on all counts.