J. Zita

The applicant sought an order of certiorari to quash his committal for trial on charges of aggravated assault and sexual assault.

The charges arose after the applicant engaged in consensual sex with a sex trade worker, then choked her to unconsciousness and robbed her.

The court dismissed the application regarding aggravated assault, finding that choking to unconsciousness provided some evidence of endangering life.

However, the court granted the application to quash the sexual assault committal, ruling that the preliminary inquiry judge committed a jurisdictional error by finding the subsequent robbery vitiated the complainant's consent to the preceding sexual activity.

The accused pleaded guilty to trafficking cocaine, possessing a loaded prohibited firearm, and possessing a firearm contrary to a prohibition order.

The court considered the aggravating factors, including the accused's prior firearms conviction and the combination of drugs and guns, alongside mitigating factors such as his difficult upbringing and guilty pleas.

The court granted enhanced pre-sentence custody credit for pandemic conditions but denied credit for partial lockdowns.

The accused was sentenced to a total of 6 years' incarceration, reduced by pre-sentence custody credit to a net sentence of 3 years, 10 months, and 23 days.

The offenders were sentenced for their roles in an unprovoked and fatal beating of a stranger.

Patrick Smith was convicted of second degree murder and assault, and was sentenced to life imprisonment with a 12-year parole ineligibility period.

Matthew Moreira was convicted of manslaughter and robbery, and was sentenced to a total of 13 years imprisonment, less credit for pre-sentence custody.

The court considered the brutal nature of the attack, the offenders' backgrounds, and the principles of denunciation and deterrence.