3 total
Application decision noted
The offender, a former teacher and foster parent, pleaded guilty to sexual exploitation of a young person under section 153 of the Criminal Code.
The offence involved sexual contact with a foster child over a period of years beginning when the victim was 16 years old.
The offender was cooperative with police, confessed immediately upon contact, and demonstrated remorse.
The court imposed a 90-day intermittent jail sentence followed by a 3-year probation order with strict conditions, balancing the serious breach of trust and vulnerability of the victim against mitigating factors including the offender's guilty plea, cooperation, low risk of reoffending, and psychological profile.
Joint submission of 10-year suspension and $30,000 fine accepted for possession of prohibited horse racing drugs.
The appellant, a standardbred licensee, was found in possession of prohibited substances, including Aranesp, intended for use on racehorses.
He appealed an Order of Immediate Suspension.
At the hearing, the parties presented an Agreed Statement of Facts and a Joint Submission on penalty.
The Ontario Racing Commission accepted the joint submission, imposing a 10-year suspension and a $30,000 fine, noting the penalty was reasonable and served the public interest by deterring the use of performance-enhancing drugs in horse racing.
A valid roadside breath demand does not require the screening device to be immediately tested and ready.
The accused was stopped for erratic driving and admitted to consuming alcohol.
The police officer demanded a breath sample for an approved screening device, which the accused unequivocally refused.
The summary conviction appeal judge acquitted the accused, holding that a valid demand under s. 254(2) of the Criminal Code requires the device to be immediately ready and the officer to explain the consequences of refusal.
The Court of Appeal allowed the Crown's appeal and restored the conviction, finding that s. 254(2) does not mandate these prerequisites, particularly when the accused outright refuses to provide a sample.
