David Vago

The accused, Lajos Gabor Marosi, was charged with unlawful entry into a dwelling, assault, and failure to comply with a release order.

The charges stemmed from an incident where Marosi, separated from his wife Renata Galamb and subject to a no-contact order, forcefully entered her residence to retrieve their child against her wishes.

During the incident, he struggled with Renata and her mother, took Renata's phone to prevent her from calling the police, and physically assaulted Renata.

The court found Marosi guilty on all counts, determining that he entered the dwelling without lawful excuse and with the requisite intent, that he knowingly or recklessly breached his no-contact order, and that the assault was not consensual nor justified by self-defence.

Following a trial, the defendant was found guilty of assault causing bodily harm and breaching a release order by having contact with his former girlfriend.

The assault involved two punches to the face, resulting in a fractured jaw and broken tooth, and caused significant physical, emotional, and financial harm to the complainant.

The court considered sentencing principles including denunciation, deterrence, rehabilitation, and proportionality, as well as aggravating factors (severity of injuries, intimate partner violence, children present) and mitigating factors (first offender, refugee claimant status, employment, community support, qualified remorse).

The Crown sought 18 months imprisonment, while the defence sought a conditional or intermittent sentence.

The court rejected a conditional sentence due to the extreme nature of the assault and the defendant's qualified remorse, imposing a 12-month custodial sentence for the assault and a concurrent 30-day sentence for the breach, followed by two years of probation.

Byron Carr, charged with mischief, obstructing police, and failure to obey a court order related to the "freedom convoy" occupation, brought a s. 520 bail review.

The Crown conceded a material change in circumstances.

The court granted bail, finding that the tertiary ground for detention was inapplicable given the mass nature of the alleged crimes and varying degrees of culpability.

The applicant satisfied the primary and secondary grounds for release with a new, robust plan, including two sureties (one a retired police officer), a $3500 bond, and strict conditions on social media, communication with organizers, and travel to Ottawa.