Katalin Kirec

This decision from the Ontario Court of Justice addresses the issue of non-consensual sexual intercourse allegations between Kish Idoko and G.B. The court carefully analyzes the credibility and reliability of both the complainant and the accused, focusing on the disputed issue of penile penetration.

The judge rejects the accused’s claim that his admission of penetration was a joke and finds the complainant’s evidence credible despite some inconsistencies, emphasizing the importance of the complainant’s subjective experience and post-event demeanour.

The court ultimately finds the accused guilty beyond a reasonable doubt of sexual assault.

The Ontario Court of Justice acquitted Luis Trindade Pereira of multiple charges including sexual assault, assault with a weapon, uttering threats, and breach of undertaking.

The case centered on the credibility and reliability of the complainant M.G. and the accused.

The judge found the accused to be an honest and credible witness, corroborated by independent evidence from a roommate, while rejecting the complainant’s testimony due to inconsistencies, contradictions with independent evidence, and implausible explanations regarding text messages.

The Crown’s burden of proof beyond a reasonable doubt was not met.

The accused, a commercial truck driver, was convicted of four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm after causing a catastrophic highway collision.

The court found the accused drove on insufficient sleep, falsified log books, and was distracted by his cell phone.

The court weighed the severe aggravating factors, including the extraordinary harm caused, against mitigating factors such as the accused's lack of a prior criminal record and employer pressure.

The accused was sentenced to a total of 8 years imprisonment, a 10-year driving prohibition, and a DNA order.

The accused was charged with failing or refusing to provide breath samples for analysis by an approved instrument contrary to subsection 254(5) of the Criminal Code.

The defence raised two main issues: first, that the Crown failed to prove an unequivocal refusal, and second, that the breath technician violated the accused's section 10(b) Charter rights by denying a second consultation with Duty Counsel.

The court found that the accused's entire course of conduct constituted a failure or refusal, and that no Charter violation occurred as the accused did not clearly request a second consultation and the circumstances did not trigger the "changed circumstances" exception under R. v. Sinclair.

The court found the accused guilty.

The accused pleaded guilty to mischief and breach of probation arising from a disturbance at a Toronto Dominion Bank on April 30, 2012.

The Crown sought an assessment to determine whether the accused was not criminally responsible on account of mental disorder (NCRMD).

Following a psychiatric assessment by Dr. Angus McDonald and testimony, the court found that the accused was suffering from schizoaffective psychosis with paranoid features and was incapable of appreciating the nature and quality of his actions and unable to know that his conduct was wrong at the time of the offences.

The court made a finding of NCRMD and remitted the matter to the Ontario Review Board for disposition.