Jennifer Moser

An Indigenous offender was sentenced for three counts of aggravated assault, breach of recognizance, and assault.

The offender stabbed three men without provocation while significantly intoxicated and in breach of a bail condition prohibiting weapon possession, and subsequently assaulted a nurse during detention processing.

The court applied Gladue principles, considering the offender's intergenerational trauma stemming from residential schools, post-traumatic stress disorder, and lack of prior criminal record.

The court imposed a sentence of time served (388 days on a 1.5-1 basis) plus three years of probation, rejecting the Crown's request for 4-6 years imprisonment and the defence request for 6 months time served.

The accused was charged with a single count of sexual assault against his wife, the complainant, occurring between August 2013 and April 2016.

The complainant alleged multiple instances of forced, non-consensual sexual activity, while the accused maintained all sexual activity was consensual.

The court assessed the credibility of the complainant, her mother, and the accused, relying heavily on text messages that contradicted the complainant's testimony regarding her relationship with her mother and the accused.

Applying the W.(D) principles, the court accepted much of the accused's evidence and found significant inconsistencies in the complainant's testimony, leaving a reasonable doubt as to the absence of consent.

The accused was found not guilty.

The Crown applied to have Justin Primmer declared a dangerous offender and sentenced to an indeterminate period of detention.

Primmer sought dismissal or a determinate sentence with long-term supervision.

The court found Primmer met the criteria for a dangerous offender designation under two pathways, based on a pattern of repetitive violent behaviour, failure to restrain behaviour, likelihood of future violence, and persistent aggressive behaviour showing substantial indifference to consequences.

The court rejected arguments for a lesser sentence, including religious conversion, pro-social behaviour in custody, treatability, and the "burnout theory" citing his history of manipulation, lack of genuine remorse, and chronic dishonesty.

An indeterminate sentence was imposed to protect the public.

Sentencing decision for leaving the scene of an accident causing death under s. 252(1.3)(b) of the Criminal Code.

The offender struck a pedestrian who was jogging in the roadway and immediately fled the scene without providing assistance, later falsely claiming he had hit a deer.

The court emphasized denunciation and general deterrence as paramount sentencing principles for hit-and-run offences, particularly where the driver leaves an injured person without determining whether assistance is required.

Although the offender pleaded guilty, expressed remorse, and had a minimal criminal record, the court held that a custodial sentence was necessary.

A five‑month custodial sentence followed by two years’ probation with community service was imposed.

The accused, a 40-year-old Aboriginal man, pleaded guilty to sexually interfering with a 14-year-old girl who was a close friend of his daughter.

The offence involved multiple sexual acts, emotional manipulation, and a breach of trust.

The Crown sought a penitentiary sentence of two to three years, while the defence sought a lower reformatory sentence or intermittent custody.

The court imposed an eight-month jail sentence, applying Gladue principles while balancing denunciation and general deterrence.

The sentence also included a two-year probation order with conditions, a 20-year SOIRA order, a DNA order, and a 10-year prohibition order under section 161 of the Criminal Code.