Dr. George Stones

This decision concerns the sentencing of the defendant, P.H., who was convicted of one count of Sexual Interference involving a child victim, M.H., over multiple occasions when she was 3-4 years old.

The court considered aggravating factors, including the profound breach of trust, the victim's extreme vulnerability, the multiple incidents, and the use of physical force.

Mitigating factors included the defendant's status as a first-time offender for sexual offences, his struggles with addiction and mental health issues, and a low risk of sexual re-offending as supported by expert opinion and a decade without further sexual offences.

The Crown sought a penitentiary term of 3-4 years and a 20-year SOIRA order, while the Defence sought an upper reformatory term of 18-24 months and opposed the SOIRA order.

The court imposed a sentence of 2 years less a day imprisonment, followed by a two-year probation order, and various ancillary orders, but dismissed the request for a SOIRA order, finding it grossly disproportionate given the low risk of sexual recidivism.

The accused, Abdu Mohamed, charged with dangerous driving causing bodily harm and assault with a weapon, sought to introduce expert psychological evidence to support a defence of automatism.

The court conducted a voir dire to determine the admissibility and scope of the proposed expert testimony from Dr. George Stones.

Applying the Mohan criteria, the court found Dr. Stones qualified as an expert in psychology and dissociative states, and his evidence relevant and necessary.

However, the court imposed strict limitations on his testimony, prohibiting opinions on the accused's truthfulness, speculative theories about past trauma and immigration, and personal opinions lacking scientific support regarding the victim of aggression in a dissociative state.

The ruling on future risk evidence was deferred.

The accused pleaded guilty to sexually assaulting a sleeping woman in her own bedroom during a Christmas party.

The Crown sought a custodial sentence of 9-12 months followed by probation, while the defence sought a conditional sentence.

The court imposed a custodial sentence of 8 months and 24 days (9 months less 7 days credit for collateral consequences) followed by 2 years' probation.

The court found that while the accused was a first offender with mitigating circumstances, the serious aggravating factors—including digital penetration of a sleeping, non-consenting victim in her own home, persistence despite refusal, breach of trust as a guest, and significant ongoing harm to the victim—required incarceration to adequately address denunciation and deterrence.

A conditional sentence was found to be insufficient to reflect the gravity of the offence and the moral blameworthiness of the offender.

The defendant pleaded guilty to aggravated assault and breach of probation.

The assault occurred at a men's shelter where the defendant, aged 25, delivered 11 forceful punches to the head of a 54-year-old victim, followed by a kick to the prone victim's body.

The victim sustained multiple fractures to the nasal bones, sinus walls, and ribs, along with ongoing psychological trauma.

The defendant had a significant criminal history including three prior assault-with-weapon convictions and an extensive psychiatric history involving substance abuse, homelessness, and prior hospitalization.

The court imposed a sentence of 20 months' imprisonment with enhanced credit for pre-trial custody, resulting in 10 months to be served, followed by three years' probation with strict conditions.