Jennifer Duncan

In a criminal appeal, the Court considered whether kidnapping under the Criminal Code is a continuing offence that includes the victim’s ongoing confinement after the initial taking.

The Court held that kidnapping continues in fact until the victim is freed and that a person who knowingly joins the confinement phase can be liable as a party under s. 21(1).

Applying those principles to the trial findings, the Court upheld the substituted kidnapping conviction.

The appellant challenged a conviction for sexual assault, arguing error in admitting a prior sexual-assault conviction as similar fact evidence on identity and in restricting a voir dire challenge to that prior verdict.

The Court held that a prior conviction can constitute reliable 'some evidence' linking an accused to similar act conduct when identity is put in issue.

It further held that while challenges to prior convictions are not categorically barred at the voir dire stage, they may be limited where there is no reasonable likelihood of affecting admissibility.

The Court found no reversible error in the trial judge's admissibility ruling or ultimate identity finding on the trial record.

The Supreme Court of Canada considered whether general deterrence is a principle of sentencing under the Youth Criminal Justice Act (YCJA).

The Court held that the YCJA introduced a new sentencing regime that deliberately excluded general deterrence as a factor in youth sentencing.

The Court also held that section 42(2)(o) of the YCJA does not require a sentencing judge to impose at least two-thirds of a sentence in custody and one-third under supervision, granting the judge discretion to determine the appropriate length of the custody and supervision portions.

Both appeals were dismissed.

The accused was charged with aggravated sexual assault but convicted at trial of the included offence of aggravated assault.

The trial judge had a reasonable doubt about the sexual nature of the assault because of possible prior consensual sexual activity or how the complainant became undressed.

The Supreme Court of Canada allowed the Crown's appeal, holding that the trial judge erred in law by considering legally irrelevant factors.

Applying the objective test from Chase, the Court found the assault was sexual in nature, set aside the acquittal, and entered a guilty verdict for aggravated sexual assault.

The appellant, a cult leader, was convicted of multiple sexual offences against teenage girls.

At trial, the judge admitted evidence of each count as similar fact evidence for the others, and restricted the defence from cross-examining one complainant on the absence of references to sexual abuse in her teenage diary.

The Supreme Court of Canada upheld the admission of the similar fact evidence, finding its probative value outweighed its prejudicial effect.

However, the Court held that the trial judge erred in restricting the cross-examination on the diary, as the complainant's privacy interest did not substantially outweigh the accused's right to make full answer and defence.

A new trial was ordered for the counts relating to that specific complainant, while the other convictions were upheld.

The appellant appealed his conviction for sexually assaulting his young daughter, arguing the verdict was unreasonable.

The Supreme Court of Canada dismissed the appeal from the bench, agreeing with the majority of the Court of Appeal that the trial judge's verdict was supported by careful reasons and was not unreasonable.

The accused was convicted of sexual assault and invitation to sexual touching against his step-granddaughter and sentenced to nine months' imprisonment.

The Court of Appeal substituted a nine-month conditional sentence.

The Supreme Court of Canada allowed the Crown's appeal, finding that a nine-month conditional sentence was unfit given the gravity of the offences and the accused's high moral blameworthiness.

The original nine-month sentence of incarceration was restored but stayed since the accused had already served the conditional sentence in its entirety.