Keely Teresa Duncan

The decision concerns the conviction of Kayani As-Sadiq for assault, threatening death, aggravated assault, and related offences against his former wife, Marie-Lyne Toussaint.

The court found the complainant credible and her account corroborated by independent evidence and post-offence conduct.

The court rejected the accused’s alibi and alternative explanations, finding them improbable and unsupported by the evidence.

The court acquitted the accused of attempted murder, finding a reasonable doubt as to intent to kill, but convicted him of the included offence of aggravated assault.

The accused, facing drug trafficking charges, brought a Garofoli application to challenge the validity of a search warrant executed at his motel room.

The warrant was based on tips from three confidential informants and police surveillance of a suspected drug transaction at a nearby drive-thru.

The court granted the accused limited leave to cross-examine the police affiant.

Ultimately, the court dismissed the application, finding that the totality of the circumstances, including the informant tips and corroborating police surveillance, provided a reasonable basis for the issuing justice to authorize the warrant.

The defendant, Aaron Lee, pleaded guilty to attempted robbery, dangerous operation of a motor vehicle, and driving while prohibited.

The offences involved driving a stolen car dangerously, causing a multi-car collision, and then attempting to steal another vehicle.

The court considered aggravating factors, including a lengthy criminal record, being on release and probation at the time of the offences, and the presence of dangerous drugs in his system.

Mitigating factors included his guilty plea, expression of remorse, difficult background (including potential Gladue factors), and the challenging conditions of incarceration during the COVID-19 pandemic.

The court imposed a global custodial sentence of 18 months, applying a 2-month "Duncan credit" for COVID-19 conditions and a 6-month "Summers credit" for pre-trial custody, resulting in 12 months remaining to be served.

Additional orders included a 2-year probation, a DNA order, a lifetime firearms prohibition, and a 10-year driving prohibition.

The accused pleaded guilty to six domestic violence offences spanning a two-year period, including assault causing bodily harm, failure to comply with probation and recognizance, threatening bodily harm, criminal harassment, and obstruction of justice.

The victim suffered from multiple sclerosis and was extremely vulnerable.

The accused had an extensive history of domestic violence convictions with over 40 prior convictions, at least seventeen of which were domestic-related.

The court imposed a four-year global sentence with credit for 538 days of pre-trial custody at the standard 1.5:1 ratio, resulting in 21 months remaining to be served, followed by a three-year probation order.

The court sentenced the accused for possession of child pornography and accessing child pornography arising from persistent internet searches and a substantial collection of illicit images and videos found across multiple computer devices.

Applying the governing sentencing principles for child pornography offences, the court held that denunciation and deterrence were primary considerations, while also weighing the offender's lack of criminal record, difficult upbringing, cognitive impairments, anxiety, and favourable rehabilitation prospects.

The court granted enhanced credit for pre-trial custody under s. 719(3.1) but refused any additional credit for bail conditions, finding they were not sufficiently stringent.

A custodial sentence of 11 months and 6 days concurrent was imposed, followed by three years of probation and ancillary orders including DNA sampling, lifetime sex offender registration, a 10-year prohibition order, and forfeiture.

The offender pleaded guilty to robbing Jonathan Pavkovic in Orangeville on July 31, 2016.

The offence involved a vicious unprovoked sucker punch that rendered the victim unconscious, followed by theft of his wallet, house keys, and cell phone while he lay bleeding and defenceless.

The offender was intoxicated, driving with a suspended licence in violation of an alcohol-free condition, and ignored pleas from his companion to desist.

The offender has an extensive criminal history including twelve violent convictions over fourteen years and demonstrated poor institutional behaviour during 372 days of pre-trial custody.

The court imposed an 18-month custodial sentence with 1:1 credit for pre-trial custody, resulting in 170 days remaining, followed by three years probation with strict conditions including restitution, DNA order, lifetime firearms prohibition, and communication prohibition.

The accused was tried on two counts of possession of child pornography and one count of accessing child pornography arising from files found on multiple computer devices seized during execution of a search warrant.

The court applied the law distinguishing constructive possession from mere viewing, and held that the Crown proved beyond a reasonable doubt that the accused knowingly possessed a substantial collection of child pornography on the date of arrest and accessed child pornography over the charged period, based on exclusive control of the devices, plain-sight files, cached images, and extensive search history.

The court was not satisfied beyond a reasonable doubt that the accused possessed the specific lumfile downloads alleged in the earlier count because none of those files were found on the seized devices.

Verdicts of guilty were entered on counts two and three, and not guilty on count one.

The accused was charged with sexual assault, assault, and robbery arising from an incident with the complainant following the accused’s release from custody.

The complainant alleged that the accused assaulted and sexually assaulted her after she visited his apartment, while the accused testified that the sexual activity was consensual and that the dispute related to drugs and money.

Applying the credibility framework in R. v. W.(D.), the court found both the complainant and the accused to be unreliable witnesses.

Elements of the accused’s account were considered plausible and left the court with a reasonable doubt.

In light of inconsistencies in the complainant’s evidence and inconclusive corroborative evidence, the Crown failed to prove the offences beyond a reasonable doubt.

The court sentenced an offender convicted of multiple sexual assaults against three young complainants who were between six and nine years old and were entrusted to his care through a tutoring business operated from his home.

Applying the primary sentencing objectives of denunciation and deterrence for offences involving abuse of persons under eighteen, the court treated the offender’s position of trust, the age and vulnerability of the complainants, the grooming-like social activities, and the ongoing psychological harm as aggravating factors.

The court stayed the sexual interference and invitation to sexual touching counts under the Kienapple principle, imposed a seven-year global sentence, and granted pre-sentence custody credit at 1.5:1 for 886 days.

Ancillary orders included a lifetime weapons prohibition, a DNA order, lifetime sex offender registration, and a two-year prohibition under s. 161.

The accused was charged with possession of cocaine for the purpose of trafficking.

Police officers attended a known problem house to check on tenants and observed the accused flee into a bathroom upon seeing them.

The officers detained the accused and conducted a pat-down search, finding crack cocaine in his pocket.

The accused brought a Charter application to exclude the evidence, alleging breaches of ss. 8, 9, 10(a), and 10(b).

The court found the investigative detention was lawful but the search violated s. 8 based on recent Supreme Court jurisprudence.

However, applying the Grant framework, the court admitted the evidence under s. 24(2) because the officers acted in good faith according to the law as it was understood at the time.