Jamie L. Stephenson

The accused was charged with attempted murder, assault with a weapon, aggravated assault, and uttering death threats following a confrontation in a parking lot near a Tim Hortons.

The incident arose from a noise complaint about music blaring from a vehicle.

The accused struck the complainant in the head with a baseball bat, causing serious facial injuries requiring surgical intervention.

The court found the accused guilty of assault with a weapon and aggravated assault, but acquitted him of attempted murder and the death threat charges.

The court rejected the defence of person for the aggravated assault, finding the response grossly disproportionate and unreasonable.

However, self-defence was found to apply to the assault with a weapon charge (the swing at Lucas Renzella during the fight) and to the uttering threats charges.

This criminal trial addressed charges against Gianni Deluca, including discharge of a firearm, firearm possession, and possession of fentanyl and fluorofentanyl for the purpose of trafficking.

The court found that Deluca acted in self-defence when discharging the firearm, leading to an acquittal on that charge.

However, the court rejected Deluca's explanation that he acquired the satchel containing the firearm and drugs during the altercation, finding beyond a reasonable doubt that he possessed these items prior to the incident.

Consequently, Deluca was found guilty of the drug and firearm possession charges, including breaching a weapons prohibition order, but not guilty of possessing proceeds of crime.

The defendant, Nina Nodwell, facing charges of careless driving causing death and bodily harm, brought two pretrial applications: one for a stay of proceedings due to unreasonable delay under s. 11(b) of the Charter, and another for a stay due to abuse of process by the Crown.

The court found the total delay was 19.6 months, but a significant portion was attributable to the COVID-19 pandemic, which was deemed an exceptional circumstance.

After deducting the COVID-19 related delay, the net delay was well below the 18-month presumptive ceiling.

Regarding the abuse of process claim, the court found no firm resolution agreement was reached between the parties, and thus the Crown did not "resile" from a deal.

The court also found no prejudice to the defendant and no bad faith or improper motive by the Crown.

Both applications were dismissed, and the matter was ordered to proceed to trial.

Gary Green pleaded guilty to multiple criminal offences including mischief, break and enter, theft, weapons possession, robbery, dangerous driving, flight from police, driving while disqualified, and breach of recognizance.

The court considered sentencing principles, including denunciation, deterrence, and rehabilitation, alongside significant mitigating Gladue factors due to the offender's Aboriginal status and difficult upbringing.

Despite the Crown seeking 8-10 years, the court imposed a sentence of time served plus one day, effectively crediting 3.5 years for pre-sentence custody, along with a two-year probation period and ancillary orders, emphasizing rehabilitation and the unique circumstances of Aboriginal offenders.