5 total
Accused sentenced to 6 years for manslaughter of roommate, reduced to 33 months net after enhanced pre-sentence credit.
The accused pleaded guilty to manslaughter after striking his roommate multiple times with a cricket bat during an alcohol-fuelled altercation.
The victim died from blunt force trauma to the head.
The court considered the accused's cognitive impairment, health issues, and the harsh conditions of his pre-sentence custody as mitigating factors, while noting the sustained nature of the assault and the vulnerability of the victim as aggravating.
The court imposed a sentence of 6 years imprisonment, reduced to 33 months net after applying enhanced credit for pre-sentence custody, along with a 10-year weapons prohibition and a DNA order.
Dangerous offender application dismissed; 14-year global sentence imposed for series of violent attacks on women.
The Crown brought a dangerous offender and long-term offender application following the offender's convictions for a series of violent, random attacks on women, including robbery, attempted sexual assault, and break and enter.
The court dismissed both applications, finding that the offender's risk of violent re-offence was moderate and did not meet the high threshold of intractability required for such designations.
The court imposed a global sentence of 14 years imprisonment, reduced to 6 years and 6 months net after accounting for pre-sentence custody and enhanced credit for harsh lockdown conditions.
Custody Case allowed
The accused pleaded guilty to eleven offences involving child sexual abuse, child pornography, and conspiracy charges.
The Crown sought a Long Term Offender (LTO) designation with a sentence of 4-6 years and a Long Term Supervision Order (LTSO) for 10 years.
The defence argued for 4 years less credit for pre-trial custody and a 2-year LTSO.
The court found the accused to be a Long Term Offender and imposed a global sentence of 4 years 6 months (8 months remaining after pre-trial custody credit) followed by a 6-year LTSO.
The court emphasized the gravity of the offences, the accused's active participation in planning and facilitating child sexual abuse, and the need for public protection and rehabilitation.
The court designated the offender a dangerous offender but imposed a determinate sentence and long-term supervision order due to his recent mental health stabilization.
The accused pleaded guilty to four counts arising from an armed bank robbery committed on October 8, 2008: robbery while armed with an imitation firearm, disguise with intent, auto theft, and auto possession.
The Crown pursued a dangerous offender designation under section 753 of the Criminal Code.
The court found the accused met the criteria for dangerous offender status based on a pattern of repetitive armed robberies spanning from 1988 to 2008, demonstrating a failure to restrain his behaviour and a likelihood of inflicting severe psychological damage on others.
The court imposed a determinate sentence of 13 years imprisonment (with credit for approximately six years of pre-trial detention resulting in two years remaining) followed by a 10-year Long-Term Supervision Order, rather than an indeterminate sentence, based on positive developments in the accused's behaviour and mental health stabilization while in custody.
Court denies defence request for additional psychological testing absent clear necessity.
The defendant brought a motion seeking an order requiring the plaintiff to undergo psychological testing as part of a defence medical examination in a civil action alleging historical assaults during a domestic relationship.
The defendant argued the testing would assist a psychiatrist retained by the defence in forming an opinion and responding to the plaintiff’s psychological expert evidence.
The court held that additional defence medical examinations are discretionary and require clear and compelling evidence demonstrating necessity.
The proposed testing was characterized by the defence experts only as helpful or beneficial rather than necessary.
The court also considered the risk of creating an imbalance in expert evidence and the potential delay to the scheduled trial.
The motion for psychological testing was dismissed.