J. Fuller

The accused was charged with sexual assault following an incident at a military marksmanship competition.

The complainant, who had consumed a significant amount of alcohol, awoke with physical signs of sexual intercourse and missing underwear, but no memory of the event.

The accused later bragged to others about having sex with her and displayed her underwear.

The court rejected the accused's testimony that the complainant initiated contact while mistaking him for someone else.

The court found the complainant was so intoxicated as to be incapacitated and incapable of consenting, and that the accused was either aware of this or wilfully blind.

The accused was found guilty.

A young person convicted of first‑degree murder for causing the death of a police officer while fleeing a traffic stop was sentenced under the Youth Criminal Justice Act.

The accused, who was 15 at the time of the offence, survived the crash but was rendered a quadriplegic with profound lifelong medical needs.

The Crown sought the maximum youth sentence of 10 years with five years of open custody followed by four years of community supervision.

The court found the offender’s catastrophic disability, lack of prior record, demonstrated remorse, and low risk to reoffend constituted exceptional circumstances.

The judge concluded that incarceration would not meaningfully enhance accountability and that the correctional system had not demonstrated an ability to meet the offender’s extensive medical needs.

A one‑day custody component with credit for pre‑trial custody and a nine‑year conditional supervision order was imposed.