David Maylor

This criminal trial concerned charges of voyeurism, unlawfully distributing an intimate video, assault causing bodily harm, and criminal harassment.

The complainant alleged the defendant took non-consensual intimate videos and photographs, distributed one such video, and engaged in assault and harassment.

The court found the complainant's evidence credible regarding non-consensual recording of intimate images, leading to convictions for voyeurism.

However, the Crown failed to prove the distribution of the intimate video due to lack of admissible evidence on how it was obtained by a third party.

The assault charge was dismissed, as the defendant's actions in retrieving his property were deemed a reasonable defence of property under the Criminal Code, and the injury was accidental.

The criminal harassment charge was also dismissed, as the complainant's actions did not demonstrate a fear for her safety despite the use of a tracking device.

The defendant, Mahdi Kamal Afrah, pleaded guilty to aggravated assault, discharging a firearm with intent to endanger, possession of a loaded prohibited firearm, and breaching a release order.

The offences involved a shooting in a public parking garage where one victim sustained a non-life-threatening gunshot wound.

The court considered aggravating factors, including the nature of the firearm offences, and significant mitigating factors, such as the defendant's youth, lack of prior record, genuine remorse, and severe past trauma (abuse in Somalia, motor vehicle accident, mental health issues).

The court also gave significant mitigation for harsh pre-sentence custody conditions, including a hand injury due to inadequate prison care and prolonged lockdowns.

The Crown sought an 8-year sentence, while the defence advocated for 5 years.

Neelkanth Shah, an 18-year-old first offender, was sentenced for three bank robberies committed in early 2021.

The robberies escalated in severity, with the final one involving an accomplice, brandished knives, an accidental injury to a police officer, and trauma to a bank teller.

The court considered aggravating factors, such as the use of a knife and the amount stolen, and significant mitigating factors, including Shah's sincere remorse, rehabilitative efforts while on strict house arrest bail, and strong community support.

The Crown sought 3-4 years' incarceration, while the defence argued for 31 months, leading to an actual sentence of two years after credit for pre-sentence custody and house arrest.