J.M. Barrett

The 30-year-old first offender was convicted of being a party to a sexual assault after digitally penetrating the complainant while she was physically restrained by another passenger in his vehicle.

The Crown sought a four-year sentence, while the defence argued for 18 months to two years less a day.

The court emphasized denunciation and deterrence given the gravity of the offence and the vulnerability of the victim, finding that digital penetration is as serious as penile penetration.

The offender was sentenced to three years' imprisonment, less credit for pre-sentence custody, along with mandatory ancillary orders.

The offender was found guilty by a jury of possessing a loaded prohibited firearm and pleaded guilty to possessing a firearm while subject to a prohibition order.

The court considered the offender's background, including systemic anti-Black racism, and the harsh conditions of his pre-sentence custody involving frequent lockdowns.

Emphasizing denunciation and deterrence, the court imposed a total sentence of 39 months' imprisonment, which was reduced to 12 months of new custody after applying enhanced credit for pre-sentence custody, followed by 12 months of probation.

The accused was charged with sexual interference against a young relative.

The allegations involved incidents occurring during overnight visits when the complainant was between four and eight years old.

The court assessed the credibility and reliability of the complainant's evidence against the accused's denial and the limited opportunity to commit the offences.

Applying the W.(D.) principles, the court found the accused's evidence, supported by his wife's testimony regarding the physical layout of the home and timeline of events, raised a reasonable doubt.

The accused was acquitted.