G.L. Orsini

The accused, an off-duty police officer, was charged with sexual assault after allegedly brushing his fingers against the complainant's inner thigh in a crowded beer tent.

The Crown relied on circumstantial evidence, as no one witnessed the touching.

The court found that while the touching occurred by the accused's hand, there was a reasonable doubt as to whether it was deliberate or accidental.

Evidence of the accused's significant intoxication, unsteady gait, and uncoordinated movements supported a reasonable inference that the brief touching was accidental.

The accused was found not guilty.

The accused, charged with possessing child pornography, brought an application to exclude a videotaped statement given to police, alleging a breach of his s. 10(b) Charter right to counsel.

The accused argued he had invoked his right to counsel during the interview and the police failed to facilitate contact.

The court found that the accused's statements were ambiguous and did not amount to an unequivocal invocation of the right to counsel.

Furthermore, the accused was not reasonably diligent in exercising his right.

The application was dismissed and the statement was ruled admissible.

The accused pleaded guilty to possession of a controlled substance for the purpose of trafficking after police found him with 41 grams of a heroin, fentanyl, and carfentanil mixture.

The accused, a heroin addict, admitted to trafficking to support his addiction and was aware the heroin could be cut with lethal substances.

The court emphasized denunciation and deterrence, finding the accused's wilful blindness to the presence of fentanyl and carfentanil to be a significant aggravating factor.

The accused was sentenced to 7 years in custody, less pre-sentence credit.