Heather Keating

The accused, Coby McPherson, pleaded guilty to discharging a firearm and possessing a firearm while prohibited.

The court considered significant aggravating factors, including the brazen nature of the shooting in a residential complex and the accused's lengthy criminal record, alongside mitigating factors such as his youth, difficult upbringing, and efforts towards rehabilitation.

The court applied the mandatory minimum sentence of four years for discharging a firearm, giving credit for pre-sentence custody.

For the possession offence, a consecutive sentence of two months was imposed, taking into account the accused's understanding at the time of his plea and the goal of keeping him within the reformatory system rather than penitentiary.

The offender, Nam Nguyen, pleaded guilty to aggravated assault.

The victim sustained severe injuries including a broken jaw requiring surgery and metal plates.

The Crown sought an 18-24 month custodial sentence, while the defence sought a conditional sentence.

The court considered the principles of sentencing, including denunciation, deterrence, rehabilitation, and restraint, particularly for a youthful first offender.

Despite the seriousness of the offence and the victim's injuries, the court found that a conditional sentence was appropriate given the offender's lack of prior record, employment, and low risk of re-offending, and that it could adequately meet sentencing objectives.

The accused was charged with sexual assault contrary to section 271 of the Criminal Code.

The complainant, a high school student, alleged that the accused, a first-year university student, sexually assaulted her in his residence room following a fraternity party.

The central issue was whether the sexual intercourse was consensual.

The court found the complainant's evidence to be incoherent, implausible, internally and externally inconsistent, and marked by a pattern of dishonesty.

The roommate's evidence was found to be credible and reliable, corroborating key aspects of the accused's account.

The court concluded that the complainant was apprehensive initially but was persuaded by the accused to engage in sexual activity, and after being reassured about the roommate's presence, she consented.

The court found insufficient evidence to prove lack of consent beyond a reasonable doubt and acquitted the accused.

The defendant pleaded guilty to common assault after initially facing a robbery charge.

The assault occurred when the defendant, as part of a group, physically searched a 17-year-old victim on a public street, including forcibly pulling down the victim's pants.

The defendant was bound by two probation orders at the time of the offence.

The Crown sought a suspended sentence, while the defence sought a conditional discharge, citing potential immigration consequences.

The court imposed a suspended sentence with 30 months probation, finding that while immigration consequences were relevant, they were minor and did not warrant a discharge given the seriousness of the offence, the defendant's prior record, and the need for denunciation and specific deterrence.

Joel France pleaded guilty to unlawful act manslaughter in the death of two-year-old Nicholas Cruz, stemming from a failure to provide necessities of life.

The court considered aggravating factors, including France's repeated physical abuse of Nicholas and domestic abuse of Nicholas's mother, Marleny Cruz, as well as his abuse of a position of trust.

Mitigating factors included his lack of a criminal record and difficult childhood, though his limited remorse was noted.

The Crown sought a ten-year sentence, while the defence sought four to six years.

The court imposed a nine-year sentence, with a six-year credit for pre-trial custody, and issued ancillary orders including a DNA order, a lifetime weapons prohibition, and forfeiture of seized items and his security guard uniform.

A two-year-old child died from blunt force trauma to the abdomen.

The defendant pleaded guilty to manslaughter for failing to provide necessaries of life.

This decision addresses a Gardiner hearing to determine aggravating factors for sentencing.

The Crown sought to prove that the defendant assaulted the child's mother, inflicted the fatal blow to the child's abdomen, and assaulted the child on other occasions.

The court found beyond a reasonable doubt that the defendant physically and emotionally abused the child's mother and repeatedly assaulted the child on various parts of the body, constituting despicable assaultive behavior.

However, the court could not be satisfied beyond a reasonable doubt that the defendant inflicted the fatal blow to the child's abdomen, considering other possible explanations and witness credibility issues.

Joel France was charged with second-degree murder.

This decision concerns a voir dire ruling on the admissibility and scope of expert evidence from Dr. Michael Pollanen, a forensic pathologist, regarding the cause of death of Nicholas Cruz.

The court limited Dr. Pollanen's testimony, prohibiting opinions on whether the fatal injury was deliberately inflicted or accidental, the statistical probabilities of causes, or inferences based on other injuries.

The court also restricted the language used by the expert, disallowing terms like "significant blow" and "consistent with" to avoid misleading the jury.

The judge found Dr. Pollanen's preparation and impartiality lacking in certain aspects, highlighting the dangers of expert overreaching and bias.

Two doctors subpoenaed to testify at a murder trial brought a motion seeking an order authorizing them to disclose the deceased child's personal health information under the Personal Health Information Protection Act.

The court dismissed the motion, holding that no such order is necessary because a witness compelled by law to answer relevant questions at trial is not exposed to liability for breaching confidentiality.