Jennifer Holmes

The offender pleaded guilty to manslaughter for his limited participation in the fatal beating of a victim.

The court considered the offender's background, including his exposure to systemic racism as a Black man, but found it to be of limited mitigating significance given the gravity of the offence.

The offender was sentenced to six years' imprisonment, less credit for pre-sentence custody, resulting in a net sentence of three years and 355 days.

The offender, an 18-year-old international university student, was convicted of sexually assaulting a 17-year-old highly intoxicated female student in a university residence.

The court considered the significant physical and psychological impact on the victim, the offender's lack of a prior criminal record, and the collateral immigration consequences of a custodial sentence.

The court determined that a sentence of 26 months' imprisonment was appropriate, emphasizing denunciation and deterrence for a serious crime of violence against a vulnerable victim.

The accused brought a Charter application at the commencement of his trial seeking to exclude a firearm, ammunition, and cocaine seized by police during a street stop.

The court found that the police arbitrarily detained the accused without reasonable suspicion, violating his s. 9 Charter rights.

This unlawful detention also resulted in breaches of his s. 8 right against unreasonable search and s. 10(b) right to counsel.

However, applying the Grant framework under s. 24(2), the court concluded that the police acted in good faith and the evidence was highly reliable and essential to the prosecution.

The application to exclude the evidence was dismissed.