Fielding Burgoyne

The offender pleaded guilty to assault causing bodily harm for his role in a vicious, gang-style attack on a fellow inmate at a correctional facility.

The victim suffered a brain bleed and lingering effects.

The Crown sought 18-24 months in custody, while the defence sought 12 months.

The court considered the principles of denunciation, deterrence, and parity, noting a co-accused received 6 months for simple assault.

The offender was sentenced to 15 months in custody (net 198 days after pre-sentence credit) followed by two years of probation.

The accused was charged with sexual assault, assault, and uttering threats against his former partner.

The charges arose from two separate incidents: an argument over their child's shoes that the complainant recorded on her cell phone, and a subsequent incident where the accused forced his way into her apartment and sexually assaulted her.

The court applied the W.(D.) framework to assess credibility, rejecting the accused's evidence and accepting the complainant's version of events.

The court found the accused guilty on all counts, noting that the complainant's post-offence contact with the accused did not undermine her credibility when viewed in the context of domestic abuse dynamics.