Iris Liu

The Court of Appeal for Ontario dismissed the appeals of David Beak and Yostin Murillo from their convictions for first degree murder and sexual assault in the killing of Rhoderie Estrada.

The court found that the trial judge’s instructions to the jury on constructive first degree murder, post-offence conduct, and the handling of evidence and objections were accurate and complete.

The grounds of appeal advanced by both appellants, including issues of causation, post-offence conduct, jury instructions, and procedural fairness, were all rejected.

The Court of Appeal for Ontario dismissed Arsenije Lojovic’s conviction appeal but allowed his sentence appeal, reducing his sentence from 10 years to 8 years (less pre-trial custody).

The court found that the trial judge erred by treating Lojovic’s bipolar disorder as an aggravating factor rather than a mitigating one.

The decision reviews the proper approach to NCR (not criminally responsible) assessments and the role of mental illness in sentencing, emphasizing that mental health conditions can reduce moral blameworthiness and the weight of deterrence and denunciation.

The appellant, L.B., was convicted of sexually abusing his adopted daughter and physically assaulting his adopted son over a lengthy period while they were children in his care.

He received a global 10-year sentence, less 6 months for pre-trial custody and harsh detention conditions.

On appeal, L.B. challenged the consecutive nature of the sexual exploitation sentence and the overall length of the sentence.

The Court of Appeal dismissed the appeal, finding no error in the sentencing judge’s analysis or conclusions, and held that the sentence was fit and proportionate given the aggravating circumstances and absence of mitigating factors.