G. McGivern

Brent Loyer pleaded guilty to two counts of sexual interference involving a 14-year-old complainant.

The Crown sought 14-18 months custody, while the Defence proposed a conditional sentence of two years less a day.

The court considered aggravating factors, including the victim's significant emotional and physical harm and the offender's position of trust, and mitigating factors such as the offender's age (82), lack of prior record, and medical issues.

Applying the principles from R. v. Friesen, the court emphasized denunciation and deterrence for sexual offences against children.

The judge imposed a blended sentence: five months of incarceration for the more serious count (vaginal touching) and an 18-month consecutive conditional sentence for the other count (kissing), followed by a 36-month probation order.

Ancillary orders included DNA, weapons prohibition, SOIRA, and non-contact orders.

The offender, Mitchell Vansnick, was convicted of sexual assault.

The court considered aggravating factors including the significant impact on the victim, violence beyond the inherent nature of the assault, victim's extreme intoxication and vulnerability, predatory nature of the offense, digital and vaginal penetration without a condom, repeated disregard for victim's lack of consent, and public location of the assault.

Mitigating factors included the offender's youth, lack of criminal record, positive pre-sentence report, stable employment, strong family and community support, and integral role in family care.

The court also considered the collateral consequence of vigilante violence suffered by the offender post-assault, giving it limited weight.

The primary sentencing objectives were denunciation and deterrence.

The court imposed a sentence of 35 months imprisonment, along with a 10-year firearms prohibition, 20-year sex offender registration, DNA order, and a no-contact order with the victim during incarceration.

The accused was charged with sexual assault following an incident at a social gathering.

The complainant testified that the accused forced himself upon her and penetrated her despite her repeated refusals.

The accused claimed the sexual activity was consensual.

The court applied the W.(D.) framework, rejected the accused's evidence, and found the complainant's testimony compelling and corroborated by DNA evidence, physical injuries, and post-offence conduct.

The accused was found guilty.

The accused was charged with driving a motor vehicle carelessly contrary to Section 130 of the Highway Traffic Act.

The charge arose from a fatal collision on June 11, 2015, between the accused's vehicle and a mobility scooter operated by the deceased on a residential street in Blenheim.

The Crown's case relied on the assertion that the deceased was visible on the roadway for six seconds prior to impact and that the accused's failure to see or take evasive action demonstrated careless driving.

The Defence challenged the Crown's reconstruction evidence, particularly the assumption of an unobstructed view.

The Court found the accused not guilty, determining that the Crown had failed to prove its case beyond a reasonable doubt.