4 total
Negligence Appeal decision
Matthew Bouffard pleaded guilty to manslaughter in the death of his infant daughter, Isabelle, who died at 27 days old from head injuries and suffered numerous other severe injuries including broken ribs, fractured clavicles, and fractured vertebrae.
The court considered aggravating factors such as the profound abuse of parental trust, the vulnerability of the victim, and the multiple, severe injuries inflicted over time.
Mitigating factors included the guilty plea, lack of criminal record, and mental health issues.
The Crown sought an eight-year sentence, and the defence sought five to six years.
The court imposed an eight-year penitentiary sentence, with 15 months of credit for pre-sentence custody and strict bail conditions, resulting in a remaining sentence of six years and nine months.
One co-accused was convicted and the other acquitted of constructive possession of a firearm and drugs.
The accused Ashley Perry and Christian Walters were charged with unlawful possession of a loaded restricted firearm, two over-capacity magazines, and cocaine following a police search warrant executed at their apartment.
The Crown's case was entirely circumstantial.
The court found that while the Crown could not prove beyond a reasonable doubt that Perry had knowledge and control of the contraband items, it could establish that Walters had such knowledge, either because he placed the items himself or was informed of their location by his brother or an associate.
Perry was acquitted on all counts; Walters was convicted.
The accused was acquitted of assault with a weapon and aggravated assault on the basis of self-defence.
The accused, Alexander Climent, was charged with assault with a weapon and aggravated assault against Aaron Gauthier.
The court found a history of antagonism where Gauthier was consistently the aggressor.
Climent admitted to stabbing Gauthier but claimed self-defence.
Applying s. 34 of the Criminal Code, the court determined that Climent had reasonable grounds to believe force was being used against him and that his actions were for self-defence and reasonable given the circumstances, including Gauthier's larger size, aggressive history, and the fact that Climent was being choked.
The Crown failed to prove beyond a reasonable doubt that Climent did not act in self-defence.
Dangerous offender designation granted; determinate sentence and 10-year LTSO imposed instead of indeterminate sentence.
The Crown applied to have the offender declared a dangerous offender following convictions for choking, sexual assault, and uttering threats.
The offender had a history of violent sexual offences against women.
The court declared the offender a dangerous offender.
The Crown sought an indeterminate sentence, while the defence argued for a determinate sentence followed by a Long Term Supervision Order (LTSO).
After reviewing extensive psychiatric and psychological evidence regarding the offender's treatability, personality disorder, and risk of reoffending, the court concluded that a determinate sentence of 5.5 years (equivalent to 8 years and 7.5 months with pre-sentence custody credit) followed by a 10-year LTSO would adequately protect the public, as the offender's risk would significantly decrease by age 50 and could be managed with strict community supervision and treatment.