Erin Thomas

The accused was tried for second-degree murder after stabbing the deceased 28 times following a meeting arranged online.

The accused admitted to the killing but claimed she acted in self-defence or, alternatively, was provoked by an unwanted sexual advance and a threat with a knife.

The court rejected the accused's version of events due to significant credibility and reliability issues, finding the response entirely disproportionate to any potential threat.

The court concluded the Crown proved the requisite intent for murder and disproved both self-defence and provocation beyond a reasonable doubt, resulting in a conviction for second-degree murder.

The applicant, charged with impaired driving and "80 plus", sought a stay of proceedings under s. 11(b) of the Charter due to unreasonable delay.

The total delay was 24 months and 21 days, exceeding the 18-month presumptive ceiling for provincial court cases.

The court found no defence delay, as the defence diligently pursued core disclosure that was significantly delayed by the Crown and police.

A deduction of three months was made for pandemic-related systemic delay as an exceptional circumstance.

Even with this deduction, the remaining delay of 21 months and 21 days still exceeded the presumptive ceiling, leading the court to grant a stay of proceedings.

The accused was convicted of three counts of failing to comply with probation contrary to s. 733.1 of the Criminal Code.

The Crown sought an 8-month custodial sentence with 1:1 credit for pre-trial custody.

The defence sought a time-served sentence followed by probation with 1.5:1 credit for pre-trial custody.

The court imposed a 90-day custodial sentence on counts 4 and 5 concurrent, with a further 90 days on count 6 consecutive, followed by a 2-year probation term.

The court credited 71 days of pre-trial custody as 107 days pursuant to R. v. Summers.

The sentence emphasized the need for the accused to comply with court orders given his pattern of non-compliance, while also recognizing rehabilitation as a relevant sentencing principle.