David Ryan Newton

The offender pleaded guilty to one count of armed robbery, two counts of robbery, and two counts of administering a noxious substance.

The Crown also presented facts regarding three additional robberies to which the offender acknowledged his role.

The offender committed a series of carjackings targeting luxury vehicles at shopping centres and residential areas, using weapons and pepper spray against victims.

The court rejected a joint submission of two years imprisonment as manifestly inadequate given the gravity of the offences, the offender's moral culpability, and the harm caused to victims.

The court imposed a global sentence of five years imprisonment, with a three-year sentence on the armed robbery count and concurrent two-year sentences on the other robbery counts, after crediting pre-sentence custody.

The accused, Jeffrey Phillippo, was found guilty of sexual assault.

The incident involved non-consensual touching of the victim, E.F., while she was asleep, including under her clothing.

The Crown sought a 90-day conditional sentence followed by two years' probation, while the defence argued for a conditional discharge.

The court considered aggravating factors such as the intrusive nature of the touching, the victim's vulnerability, and the significant impact on the victim.

Mitigating factors included the accused's lack of prior record, employment, and voluntary counselling.

The court determined that a conditional discharge would be contrary to the public interest due to the gravity of the offence.

Ultimately, the court imposed a 90-day conditional sentence, to be served entirely on house arrest, followed by 12 months' probation, finding it consistent with the principles of denunciation and specific deterrence.

This was a joint application by the defendants for relief under sections 8 and 24(2) of the Canadian Charter of Rights and Freedoms, seeking a declaration that searches conducted under two warrants breached their rights against unreasonable search and seizure.

The application challenged the validity of the warrants and the police conduct in obtaining consent for information.

The court dismissed the application, finding no Charter breach and that the warrants were properly issued based on the Information to Obtain (ITO).

This is a sentencing decision for Shomari Samuel Clarke-Brown, who was found guilty after trial of five firearm-related offences, including possession of a loaded handgun, and pleaded guilty to failing to comply with a release order.

The court considered aggravating factors such as the loaded and readily accessible nature of the firearm, the reckless discarding of the weapon during arrest, resisting arrest, and flagrant breaches of bail.

Mitigating factors included the offender's youth, lack of prior criminal record, family support, and desire for education.

The court also applied pre-sentence custody credit, including enhanced credit for harsh detention conditions and COVID-19 risks.

The final sentence imposed was a term of imprisonment of 36 months for the firearm offence (less 756 days pre-sentence credit), a concurrent one-year sentence for careless storage, and a consecutive 30-day sentence for the bail breach.

Ancillary orders included a DNA order, a 10-year weapons prohibition, and forfeiture of seized items, with the victim fine surcharge waived for the breach and not applied to the firearm offences.