David Rodgers

The accused was charged with 27 counts of fraud over $5,000 and obtaining money by false pretences.

He solicited $30,000 loans from multiple lenders for a real estate development, falsely promising them a security interest in specific townhouse units.

The accused misappropriated the funds to pay himself a salary and cover personal expenses, and the development failed, resulting in the loss of the lenders' investments.

The court found the accused guilty on all counts, concluding he knowingly made false representations and committed dishonest acts that put the lenders' economic interests at risk.

The Crown brought a pre-trial application to adduce the video recorded police statement of a deceased witness in a second-degree murder trial.

The defence opposed the application, arguing the statement lacked threshold reliability and could not be cross-examined.

The court found the statement met the test for procedural reliability under the principled exception to the hearsay rule, noting adequate substitutes for cross-examination such as hallway video footage and the solemnity of the interview.

The application was granted and the statement was ruled admissible.

The offender was convicted of manslaughter for his role in facilitating a home invasion that resulted in the shooting death of the victim.

The Crown sought an eight-year sentence, arguing the four-year mandatory minimum for manslaughter with a firearm applied.

The court found the mandatory minimum did not apply because the offender did not know firearms would be used.

After weighing the aggravating factors of the violent home invasion against significant mitigating factors, including the offender's youth, lack of record, and extensive rehabilitation over ten years on bail, the court imposed a total sentence of five years.

With credit for pre-sentence custody and time spent on strict bail conditions, the remaining sentence to serve was two years and five months.