3 total
Crown appeal allowed on human trafficking acquittals due to trial judge's erroneous subjective interpretation of exploitation.
The Crown appealed the youth's acquittals for human trafficking and living on the avails of prostitution, while the youth cross-appealed his convictions for assault and breach of an undertaking.
The Court of Appeal allowed the Crown's appeal, finding the trial judge erred by applying a subjective standard to the definition of exploitation and by concluding a single act could not constitute prostitution.
The youth's cross-appeal was dismissed as the trial judge's credibility findings and verdicts were reasonable.
A new trial was ordered on the trafficking and prostitution charges.
Youth's appeal from convictions and sentence for armed robbery dismissed; trial judge properly assessed credibility.
The young person appealed his convictions for possession of a weapon for the purpose of robbery and robbery with a weapon, as well as his sentence of nine months' custody and 12 months' probation.
The appellant argued the trial judge erred in assessing the complainant's credibility and that the verdict was unreasonable.
The Court of Appeal dismissed the conviction appeal, finding the trial judge properly applied credibility principles and relied on corroborating independent evidence.
The sentence appeal was also dismissed, as the trial judge adequately considered the principles of the Youth Criminal Justice Act and the sentence was fit for a serious firearm offence.
Crown appeal allowed; conditional sentence for sexual assault and extortion varied to 15 months' imprisonment.
The Crown appealed a conditional sentence imposed on the respondent for a series of sexual assaults and extortion against his son's 17-year-old girlfriend.
The Court of Appeal found the conditional sentence manifestly inadequate given the gravity of the offences, which included videotaping an attempted sexual assault and using the tape to extort further compliance.
The appeal was allowed, and the sentence was varied to 15 months' imprisonment, taking into account pre-trial custody and time served on the conditional sentence.
