Emile Aubrey Carrington

The appellant appealed his conviction for sexual offences, arguing that the trial judge erred in assessing the complainant's credibility, in his treatment of the complainant's age and the mistake of age defence under s. 150.1(5) of the Criminal Code, and by misusing evidence of sexual overtures to another young girl.

The Court of Appeal dismissed the appeal, finding that the trial judge properly assessed the complainant's evidence, correctly concluded the appellant did not satisfy the test under s. 150.1(5), and did not misuse the impugned evidence as general propensity evidence.

The appellant appealed a disposition by the Ontario Review Board.

The Court of Appeal found no error in the Board's disposition and agreed that certain comments did not need to be incorporated into the formal order.

The Court urged the hospital to make best efforts to obtain linguistic assistance for the appellant to meaningfully participate in rehabilitative efforts.

The appeal was dismissed.

The appellant appealed a two-and-a-half-year sentence for fraud, arguing the trial judge failed to consider the specific immigration consequences of a sentence of two years or more.

The Court of Appeal dismissed the appeal, finding the sentence was fit given the appellant's serious criminal record for similar offences, and noting the trial judge was aware of the pending deportation order.