Gary J. Partington

The offender pleaded guilty to four counts of commercial break and enter, admitting to several other similar uncharged offences.

He had a lengthy criminal record of 26 prior break and enter convictions and struggled with schizophrenia and crack cocaine addiction.

The court found that his addiction and mental health issues did not significantly mitigate his moral blameworthiness, as the offences were driven by a desire for financial gain to support his habit.

Emphasizing general and specific deterrence, the court sentenced the offender to 18 months' custody, followed by three years of probation, and ordered restitution.

The Ontario Court of Justice convicted Jananan Sri of sexual assault based on the complainant I.C.'s testimony and DNA evidence.

The accused and complainant gave conflicting accounts of the sexual activity, with the accused claiming consensual sex in exchange for crack cocaine, and the complainant denying consent and describing coercion and fear.

The judge carefully assessed credibility and reliability, considering intoxication, memory gaps, and corroborating surveillance footage.

The court rejected the accused's version due to inconsistencies and accepted the complainant's account as credible and reliable, finding the Crown proved guilt beyond a reasonable doubt.

The defendant, Ashton Gray, a 33-year-old Mi’kmaq, Black, and transgender individual with a history of mental health issues and homelessness, pleaded guilty to mischief to a religious structure (motivated by bias) and possession of an incendiary device.

These offenses occurred shortly after being released on a conditional sentence for previous mischief and assault charges.

The Crown sought to collapse the conditional sentence and impose an additional 6-9 months of jail.

The defense argued for a more lenient sentence, citing the defendant's background, the impact of colonialism and residential schools, and the relatively minor damage caused.

The court acknowledged the defendant's Gladue factors and mental health but emphasized the seriousness of the offenses, the breach of the conditional sentence, and the unacceptability of vigilante justice.

The conditional sentence was collapsed, and a total of 120 days of custody was imposed for the new offenses.

The accused was charged with impaired driving, driving over 80 milligrams of alcohol per 100 millilitres of blood, and driving while suspended.

The defence brought a Charter application seeking exclusion of breath test results, alleging violations of sections 8, 9, and 10(b) of the Charter.

The court found that the officer had reasonable and probable grounds to stop the vehicle and make the breath demand, that the detention was not arbitrary, and that while the right to counsel issue was potentially troubling, the accused failed to exercise appropriate diligence in communicating his preference for his own counsel.

The court found the accused guilty on all counts.