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Accused truck driver found guilty of criminal negligence causing death after high-speed rear-end collision.
The accused, a professional truck driver, was charged with four counts of criminal negligence causing death and three counts of criminal negligence causing bodily harm following a multi-vehicle collision on Highway 401.
The accused's tractor-trailer, travelling at 100 km/h on cruise control, failed to slow down for a line of stop-and-go traffic, striking a car and causing a chain reaction.
The court found that the accused was distracted, likely reaching down for an extended period, and failed to perceive or react to the obvious hazard ahead.
The court concluded that the accused's conduct was a marked and substantial departure from the standard of a reasonably prudent driver, demonstrating a wanton and reckless disregard for the lives and safety of others.
The accused was found guilty on all counts.
A community support worker was sentenced to 9 months in custody for sexually assaulting a vulnerable client.
The offender was convicted of sexual assault against a 15-year-old client with severe global developmental delays at a respite home where the offender worked as a community support worker.
The offender committed two acts of sexual fondling on the same day.
The court rejected the offender's constitutional challenge to the mandatory minimum sentence of six months under section 271 of the Criminal Code, finding that the appropriate sentencing range of 9-15 months rendered the constitutional issue moot.
The court imposed a sentence of 9 months custody followed by 3 years probation, with various conditions including a 10-year SOIRA designation.
Appeal of assault conviction dismissed; trial judge made no palpable and overriding error in credibility findings.
The appellant appealed his conviction for assault causing bodily harm following a physical altercation with a co-worker.
The appellant admitted to kicking the complainant in the face but claimed self-defence.
The trial judge rejected the appellant's evidence and accepted the testimony of an eyewitness, concluding the kick was not in self-defence.
On appeal, the appellant argued the trial judge erred in assessing witness credibility and resolving factual issues.
The Superior Court of Justice found no palpable and overriding error in the trial judge's credibility findings and dismissed the appeal.
Expert evidence on honour killings admitted to assist jury on alleged motive.
In a first-degree murder prosecution involving the deaths of four female family members, the Crown sought to call expert evidence concerning the sociological phenomenon of so‑called honour killings.
The defence challenged the admissibility of the proposed expert opinion evidence.
Applying the framework in R. v. Mohan and R. v. Abbey, the court considered whether the proposed evidence related to a proper subject of expert opinion, whether the witness was qualified, whether the evidence was logically relevant to motive, and whether it survived a cost‑benefit analysis balancing probative value against potential prejudice.
The court found the proposed expert highly qualified and concluded that cultural evidence about honour killings could assist the jury in understanding the alleged motive without usurping the jury’s fact‑finding role.
The evidence was therefore ruled admissible.