Dianne M. Nicholas

Sentencing decision following conviction of two accused for assault with a weapon and assault causing bodily harm against a young child with sickle cell anemia.

The accused inflicted repeated physical abuse including whipping with a belt, resulting in significant scarring.

The court imposed custodial sentences of 9 months for the mother and 5 months for the co-accused, finding that non-custodial sentences would be inadequate given the severity of abuse, the vulnerability of the victim, the positions of trust held by the accused, and the complete absence of remorse or insight demonstrated by either accused.

A youth was charged with robbery while using a firearm following a bank robbery on December 29, 2010.

The Crown's case rested primarily on fingerprint evidence found on the interior exit door of the bank and eyewitness testimony.

The accused was not the actual robber but the second youth who entered and exited the bank with the robber.

The court found serious deficiencies in the expert fingerprint evidence, including failure to provide a proper expert report, disclosure violations, documentary errors, and use of prints from a different arrest date without disclosure.

The court also found insufficient evidence of the use of a firearm and no evidence of the accused's knowledge or participation in the robbery beyond mere presence.

The accused was acquitted of all charges.