3 total
Inmate sentenced to 15 months for vicious assault causing bodily harm on fellow inmate.
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 Court of Appeal ordered a new trial after finding the trial judge made unsupported factual findings and failed to consider all evidence regarding the complainant's capacity to consent.
The Crown appealed the acquittal of the respondent on a sexual assault charge.
The trial judge had found that the young woman was not proven to be unconscious or incapable of consent due to drug impairment.
The Court of Appeal found that the trial judge erred in making a factual finding unsupported by evidence and in failing to consider all evidence regarding the victim's capacity to consent.
The appeal was allowed, the acquittal set aside, and a new trial ordered, as the trial judge had not made findings on the respondent's mens rea.
Accused found guilty of sexual assault, assault, and uttering threats against his former partner.
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.
