2 total
Two-year conditional sentence imposed for historical sexual exploitation due to exceptional mitigating circumstances.
The offender pleaded guilty to one count of sexual exploitation for historical offences committed between 1994 and 1996 against a 14-to-16-year-old employee.
The Crown sought a custodial sentence of two years less a day, while the defence sought a conditional sentence.
The court found that exceptional circumstances existed, including the offender's own history of childhood sexual abuse, his chronic mental health issues, his prosocial life, and his role as a caregiver for his elderly mother.
The court imposed a two-year conditional sentence followed by two years of probation, along with mandatory ancillary orders.
First degree murder conviction upheld; evidence supported planning, deliberation, and criminal harassment.
The appellant was convicted of the first degree murder of his estranged wife.
He appealed the conviction, arguing that the verdict was unreasonable as the evidence did not support findings of planning and deliberation or criminal harassment.
He also argued that a decision tree provided to the jury was misleading and that the trial judge failed to give a proper W.(D.) instruction regarding his testimony.
The Court of Appeal dismissed the appeal, finding that the evidence reasonably supported the verdict on all bases left to the jury, the decision tree was properly contextualized by the trial judge's instructions, and the substance of the W.(D.) principles was adequately conveyed.