13 total
Accused sentenced to 3 years for arson after destroying home and endangering partner during domestic dispute.
The accused pleaded guilty to arson with disregard for human life after pouring gasoline inside his home during a domestic altercation, causing a fire that destroyed the house and killed two pets.
The Crown sought a net sentence of 12 months in jail plus two years of probation, while the defence sought a net sentence of 3 to 6 months plus 18 months of probation.
The court emphasized denunciation and deterrence, sentencing the accused to an effective term of three years' imprisonment (12 months net after 24 months of pre-sentence custody credit), followed by two years of probation and a restitution order of $92,153.12.
Offender sentenced to 3 years for arson that destroyed home and killed pets during domestic dispute.
The offender pleaded guilty to arson with disregard for human life after pouring gasoline inside his home during a domestic dispute, causing a fire that destroyed the house and killed two pets.
The Crown sought a net sentence of 12 months in jail (effectively 3 years minus 24 months pre-sentence custody credit) plus 2 years probation, while the defence sought a net sentence of 3 to 6 months.
The court emphasized denunciation and deterrence, imposing the Crown's requested sentence of 12 months further custody, 2 years probation, and a restitution order of over $92,000 to the insurer.
Offender sentenced to 3.5 years for sexual interference with the 14-year-old daughter of his bail surety.
The offender pleaded guilty to sexual interference after having sexual intercourse with the 14-year-old daughter of his bail surety, resulting in her pregnancy.
The court considered the offender's Gladue factors, his difficult upbringing, and his guilty plea as mitigating factors, weighed against the severe breach of trust and the victim's young age.
The court sentenced the offender to 3.5 years in custody, less pre-sentence credit, resulting in a net sentence of 31.5 months in a federal penitentiary, along with ancillary orders.
The court dismissed a father's application to vary a separation agreement for child support, finding no material change in circumstances.
The applicant sought to vary a separation agreement to obtain base child support for his 14-year-old son, Austin, from the respondent.
The court dismissed the application, finding that the applicant failed to demonstrate a material change in circumstances and that the separation agreement was not ambiguous regarding child support termination.
The agreement clearly contemplated child support would end when a beneficiary ceased to be a "child of the marriage." The court subsequently awarded the respondent modest costs.
Custody Application decision
A 45-year-old first offender was sentenced for sexually assaulting his 20-year-old step-daughter during a massage.
The court considered aggravating factors including abuse of trust, multiple touches to private parts, and the devastating effect on the victim, balanced against mitigating factors such as no prior criminal record and a positive presentence report.
The Crown sought six months jail, while the Defence sought 60-90 days intermittent.
The court imposed a sentence of 90 days intermittent custody, followed by two years of probation, a DNA order, a firearms prohibition, and a 20-year Sex Offender Information Registration Act order.
Respondent's pleadings struck for flagrant, protracted failure to provide financial disclosure and obey court orders.
The applicant brought a motion to strike the respondent's pleadings for failure to comply with multiple court orders regarding financial disclosure.
The respondent and his counsel failed to appear at the motion.
The court found that the respondent had made no efforts to comply with his disclosure obligations, which had been ordered over a year and a half prior.
Applying the test from Chiaramonte, the court concluded that these were exceptional circumstances where no other remedy would suffice, and granted the motion to strike the pleadings with costs.
Accused found guilty of sexually assaulting his step-daughter during a massage.
The accused was charged with sexual assault against his 20-year-old step-daughter.
The allegations arose from an incident where the accused gave the complainant a massage, during which he allegedly touched her private parts without consent.
The court assessed the credibility of the complainant, the accused, and the accused's wife.
The court found the complainant's evidence to be credible and reliable, while rejecting the accused's denials due to inconsistencies, poor memory, and collaboration with his wife.
The accused was found guilty of sexual assault.
Babysitter sexually assaulting toddler sentenced to 33 months imprisonment.
The accused was convicted after trial of sexual assault arising from sexual touching of a two‑year‑old child while acting as a babysitter.
The court conditionally stayed a related sexual interference conviction under the Kienapple principle.
In determining sentence, the court emphasized denunciation and deterrence given the extreme youth of the victim and the breach of trust inherent in a caregiver abusing a child in his care.
After considering limited prior criminal history but the absence of remorse, the court imposed a custodial sentence within the established range and ordered numerous ancillary orders including SOIRA registration and long‑term prohibitions relating to children.
Accused found guilty of sexual assault and sexual interference against a two-year-old child.
The accused was tried for sexual assault and sexual interference against a two-year-old child he was babysitting.
The Crown's case relied on statements the child made to his mother shortly after the incident and DNA evidence from a semen stain on the child's bed sheet that matched the accused.
The court admitted the child's hearsay statements for their truth and rejected the defence's theory of innocent transfer of DNA.
The court found the Crown proved beyond a reasonable doubt that the accused touched the child for a sexual purpose and applied force.
The accused was found guilty on both counts.
Repeat cocaine trafficker received an 18-month effective custodial sentence.
The court sentenced a repeat drug offender who pleaded guilty to possessing cocaine for the purpose of trafficking after police seized 22 grams of crack cocaine, a digital scale with cocaine residue, and cash.
The offender had a prior Schedule I importing conviction, triggering a mandatory minimum sentence of one year under the CDSA.
Balancing denunciation and deterrence against the guilty plea, mental health concerns, rehabilitative prospects, and pre-sentence custody, the court fixed the range at 18 to 30 months and imposed a sentence at the low end.
The effective sentence was 18 months' imprisonment, reduced by 12 months' enhanced credit for pre-sentence custody, together with forfeiture, DNA, and lifetime weapons prohibition orders on consent.
Accused acquitted of sexual assault but convicted of assault and uttering threats.
The accused was tried without a jury on charges of two counts of sexual assault, assault, and uttering threats arising from incidents involving an intimate partner.
The court assessed credibility between the complainant and the accused and considered whether the Crown proved each element beyond a reasonable doubt.
The judge found reasonable doubt regarding the two alleged sexual assaults due to concerns including delayed reporting, the complainant’s grogginess at the time of the alleged events, and the plausibility of an alleged admission.
However, the court accepted the complainant’s evidence concerning a later incident involving a punch and threatening statement, finding it credible and corroborated by injury evidence and inconsistencies in the accused’s testimony.
The accused was acquitted of the sexual assault counts but convicted of assault and uttering threats.
Accused sentenced to 15 months imprisonment for assault causing bodily harm and assaulting a peace officer.
The accused pleaded guilty to assault causing bodily harm, assault with a weapon, and assaulting a peace officer.
The accused attacked the victim with a knife and bit him, causing bodily harm, and later spat at a police officer.
The court considered the accused's extensive criminal history and the viciousness of the attack as aggravating factors, and the guilty pleas and alcohol issues as mitigating factors.
The court imposed a total sentence of 15 months imprisonment, reduced to 283 days after credit for pre-sentence custody, along with a two-year probation order and a 10-year weapons prohibition.
Four‑year penitentiary sentence imposed for sexual offences against child in position of trust.
Sentencing decision following convictions for sexual assault, sexual interference, and invitation to sexual touching involving a child under 16.
The offences occurred over multiple incidents while the offender was in a position of trust as the live‑in partner of the child’s mother.
The court emphasized denunciation and deterrence, noting the offender’s escalation of sexual misconduct and breach of trust.
Although a Gladue report was prepared, the offender provided minimal information about Aboriginal heritage and no link was established between heritage and the offences.
The court imposed a penitentiary sentence within the four‑to‑five‑year range along with mandatory ancillary orders including DNA, sex offender registry, weapons prohibition, and a prohibition on attending places where children frequent.