24 total
Dangerous offender designation and indeterminate sentence upheld for sexual interference and child luring.
The appellant appealed his dangerous offender designation and indeterminate sentence following guilty pleas to sexual interference, child luring, and making child pornography.
He argued the sentencing judge erred in finding the predicate offence was a serious personal injury offence and in considering his history of domestic violence as part of a repetitive pattern of behaviour.
The Court of Appeal dismissed the appeal, finding that the sexual abuse of a child involved the use of violence and inflicted severe psychological damage.
The court also admitted fresh evidence of the appellant's rehabilitative progress but concluded it did not render the indeterminate sentence unreasonable given his high risk of reoffending.
The Court of Appeal allowed the sentence appeal on consent to correct the pre-trial custody credit.
The appellant appealed the sentence imposed by the Ontario Court of Justice.
The parties agreed that the appeal should be allowed to correct the credit given for pre-trial custody.
The appellant had served eight months pre-trial, and the parties agreed the credit should have been 12 months at a 1:5.1 ratio.
With the correct allocation for pre-trial custody, the sentence imposed (suspended sentence with 12 months probation) remained unchanged, as did the other ancillary orders.
The appeal was allowed to reflect the proper credit for time served.
The Court of Appeal upheld the appellant's convictions and dangerous offender designation with indeterminate sentence.
The appellant appealed his conviction on multiple counts of domestic violence offences and his dangerous offender designation with an indeterminate sentence.
The trial judge had convicted the appellant of two counts of aggravated assault, one count each of sexual assault, assault causing bodily harm, assault, assault with a weapon, uttering a death threat, and breach of a probation order, while acquitting him on eight other counts.
The appellant challenged the trial judge's use of cross-count similar fact evidence and the dangerous offender designation.
The Court of Appeal dismissed both the conviction and sentence appeals, finding no error in the trial judge's approach to the cross-count evidence and confirming that the statutory criteria for dangerous offender designation were met.
Conviction appeal dismissed as unpreserved CCTV footage did not warrant a stay of proceedings.
The appellant appealed his conviction for numerous firearms offences arising from an incident in downtown Toronto where he attempted to discard a loaded handgun.
He challenged the conviction on the basis that the trial judge erred in failing to grant a stay of proceedings based on the failure of police to preserve CCTV footage, contrary to section 7 of the Charter.
The trial judge applied the framework from established case law and found no breach of section 7.
The appellant received a remedy through a jury instruction regarding the failure to preserve evidence.
The conviction appeal was dismissed.
The sentence appeal was rendered moot as the appellant had already served his sentence, and leave to appeal sentence was refused.