J. Frost

The defendant was found guilty of several firearms and drug offences by a trial judge who provided brief oral reasons and promised written reasons to follow.

The trial judge subsequently retired without providing the written reasons.

Furthermore, the trial judge recorded convictions for seven counts, despite the defendant only being arraigned on five.

The defendant brought a motion for a mistrial.

The Superior Court of Justice held that the brief oral reasons were insufficient to allow another judge to impose sentence under s. 669.2 of the Criminal Code.

Given the lack of reasons, the unarraigned convictions, and the resulting miscarriage of justice, the court granted the motion and declared a mistrial.

The offender was convicted of attempted murder, unauthorized possession of a loaded prohibited firearm, wearing a disguise with intent, and occupying a vehicle with a firearm after shooting the victim in an apartment parking lot.

The court weighed the extreme gravity of the planned shooting and the offender's prior criminal record involving firearms against his youth, difficult background, and rehabilitative potential.

Applying the totality principle, the court imposed a global sentence of 125.25 months, which was reduced to 102 months after applying Summers and Duncan credits for pre-sentence custody.

The accused was charged with attempted murder and related offences after a woman was shot multiple times by a masked man.

The Crown relied on the victim's recognition evidence, a photo line-up identification by the person who rented the getaway vehicle, and circumstantial evidence including DNA and GPS data.

The trial judge gave no weight to the victim's recognition evidence and little weight to the photo line-up due to reliability concerns.

However, the court found that the remaining circumstantial evidence, including the accused's DNA in the rented vehicle and his presence near where it was parked after the shooting, led to the only reasonable inference that he was the shooter.

The accused was found guilty on all counts.

Sentencing of three offenders for criminal organization and firearms offences, with one offender also sentenced for human trafficking and assault causing bodily harm.

The court imposed a 12-year sentence for the principal offender involved in human trafficking and firearms acquisition for the criminal organization, a 7-year sentence for the second offender recruited to obtain firearms, and a 2.5-year sentence for the third offender who acted as a go-between.

The court applied enhanced pre-sentence custody credits for harsh detention conditions and strict house arrest.

The accused was convicted of possession of 90.7 grams of cocaine for the purpose of trafficking.

The Crown sought a two‑year custodial sentence, emphasizing denunciation and deterrence for drug trafficking offences.

The defence requested a conditional sentence based on significant post‑offence rehabilitation, including educational achievements, community work with youth, and stable employment.

The court held that the offender’s exceptional rehabilitative progress, lack of reoffending, and strong community support justified restraint in sentencing.

A conditional sentence of two years less a day to be served in the community was imposed, followed by probation.

The applicant, charged with possession of cocaine for the purpose of trafficking, brought a pre-trial application seeking a stay of proceedings under s. 24(1) of the Charter.

He alleged that his s. 7 rights were infringed due to late, incomplete, and inadequate disclosure by the Crown, and that the Crown's conduct amounted to an abuse of process.

The court found no evidence of missing or undisclosed relevant documents and concluded that the late disclosure was remedied by an adjournment.

The court held there was no trial unfairness or abuse of process, and dismissed the application.