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The court dismissed the applicant's motion to withdraw his valid and voluntary guilty plea.
The applicant sought to withdraw his guilty plea to sexual assault, arguing that the plea was not voluntary, not unequivocal, not informed, and that he did not understand the legal consequences.
The applicant claimed he believed he was pleading to a lesser charge related to photographs rather than sexual assault itself.
The court rejected the application, finding that the applicant was fully informed of the charge, the Crown's evidence, and the consequences of his plea.
The court found the applicant's evidence lacked credibility and was contradicted by written instructions, the preliminary hearing record, and the applicant's own conduct in court.
The accused was found guilty of assault causing bodily harm after his self-defence claim was rejected.
The accused was charged with assault causing bodily harm contrary to section 267(b) of the Criminal Code for punching the complainant twice in the face at a private birthday party on October 25, 2013.
The Crown proceeded summarily.
The accused claimed he acted in self-defence after the complainant punched him first.
The trial judge found the Crown's witnesses credible and reliable, rejecting the defence witnesses' testimony as fabricated and internally inconsistent.
The court concluded the complainant did not apply any force or pose any threat to the accused, and therefore the self-defence claim failed.
The accused was found guilty of assault causing bodily harm.
The defendant was acquitted of driving with a hand-held communication device because the officer's lay opinion identifying the object was unreliable.
The defendant was charged with driving while holding a hand-held wireless communication device (cell phone) contrary to section 78.1(1) of the Highway Traffic Act.
A police officer testified that he observed the defendant holding what appeared to be a cell phone in her right hand while driving on Highway 401.
The court found that while the officer was credible, his testimony was unreliable due to lack of memory clarity, inability to describe distinguishing features of the device, and internal inconsistencies in his identification.
The prosecution failed to prove beyond a reasonable doubt that the object was a cell phone.
The defendant was acquitted.