Kelly

The accused was charged with first-degree murder following a shooting during a drug and firearm transaction inside a vehicle.

The accused admitted to shooting the deceased but claimed self-defence, alleging the deceased attempted to rob and kidnap him.

The court rejected the self-defence claim, finding the accused's response of discharging the firearm eight times was unreasonable in the circumstances.

However, the court found the Crown failed to prove the requisite intent for murder beyond a reasonable doubt, as the shooting occurred during a struggle.

The accused was acquitted of murder and convicted of the lesser included offence of manslaughter.

The accused was charged with first-degree murder in the death of her 16-year-old daughter, who suffered from severe cerebral palsy.

The Crown alleged the accused smothered the victim and staged a home invasion to cover it up.

The accused testified that two armed intruders entered the home searching for a package, and that one of them remained with the victim while the other searched the house.

The court applied the W.(D.) principles and found that the evidence of the home invasion, while containing some inconsistencies, raised a reasonable doubt.

The court also acquitted the accused of manslaughter, finding insufficient evidence that she was capable of assisting the victim after the intruders left.

The accused was acquitted of all charges.

The Crown brought a Dangerous Offender application following the offender's convictions for multiple violent offences against his intimate partner, including assault causing bodily harm, choking, and forcible confinement.

The court reviewed the offender's extensive criminal record, which included 134 convictions, many involving violence against domestic partners and strangers.

Relying on psychiatric evidence and risk assessments indicating a very high risk of violent reoffending and intractable behaviour, the court found that the offender met the criteria for a Dangerous Offender designation under s. 753(1)(a) of the Criminal Code.

Concluding that a determinate sentence followed by a Long-Term Supervision Order would not adequately protect the public, the court imposed an indeterminate sentence.

The offender, a youthful first offender, was convicted of manslaughter following a trial for the stabbing death of a 15-year-old victim during an altercation in a park.

The Crown sought 11 years' imprisonment, while amicus curiae sought time served (69 months).

The court weighed aggravating factors, including the use of a concealed knife and the vulnerability of the victim, against mitigating factors such as the offender's youth, lack of prior record, and harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic.

The court imposed a sentence of 9 years' imprisonment, less 69 months of enhanced credit for pre-sentence custody, leaving 39 months to serve.

The offender was convicted of aggravated sexual assault, aggravated assault, forcible confinement, and other offences against a sex trade worker.

The Crown sought a sentence of 7-9 years and a long-term offender designation.

The court reviewed the offender's extensive criminal record, history of domestic violence, and psychiatric assessments indicating a moderate to high risk of sexual re-offending.

The court sentenced the offender to 8 years in custody, less pre-sentence credit, and designated him a long-term offender subject to a 10-year long-term supervision order.

The offender was convicted of manslaughter as a party to a fatal stabbing of a 15-year-old victim during an altercation in a park.

The Crown sought 10 years' imprisonment, while the offender sought 5 years (time served).

The court weighed aggravating factors, including the offender's possession of a knife while on a weapons prohibition, against mitigating factors such as his youth, lack of prior record, and harsh pre-sentence custody conditions during the COVID-19 pandemic.

The court imposed a sentence of 7.5 years' imprisonment, less 55.5 months of enhanced credit for pre-sentence custody, leaving 34.5 months to serve.

The accused was found guilty of multiple offences, including robbery, aggravated assault, and sexual assault with a weapon, arising from a violent home invasion, as well as firearms offences.

The 69-year-old victim suffered severe physical and emotional trauma.

The court weighed the aggravating factors, including the gratuitous violence and use of a firearm, against mitigating factors such as harsh presentence custody conditions during the pandemic.

A global sentence of 16 years' imprisonment was imposed, less 39 months of enhanced credit for presentence custody.

The offender pleaded guilty to possession of child pornography after police found over 18,000 images and 300 videos on his devices.

The Crown sought 27 months in custody, while the defence sought 15 to 16 months.

The court weighed the significant size of the collection and the prolonged period of offending against the offender's guilty plea, lack of criminal record, pro-social background, and low risk of re-offending.

Emphasizing denunciation and deterrence as paramount for offences involving the abuse of children, the court sentenced the offender to two years in custody along with ancillary orders.

The accused was charged with multiple offences arising from a violent home invasion robbery where the victim was beaten, tied up, and had his pants and underwear removed.

The Crown's case relied on circumstantial evidence, including DNA found on a bandage at the scene, surveillance video, and items seized from the accused's residence that matched those used in the robbery.

The accused and a defence witness testified that the witness committed the robbery using items borrowed from the accused, but the court rejected this evidence as not credible.

Applying the W.(D.) framework and circumstantial evidence principles, the court found the accused guilty of the home invasion offences.

The accused, Tyrelle Lee and Steven MacIsaac, were charged with second-degree murder following a fatal stabbing at a park party.

A verbal altercation escalated into a physical melee, during which the deceased was chased to a hill and stabbed once in the chest by Lee.

MacIsaac was present, armed with a knife, and assisted in preventing the deceased from escaping.

The court found that while Lee caused the unlawful death, the Crown failed to prove the requisite intent for murder beyond a reasonable doubt.

Both accused were found guilty of manslaughter, with MacIsaac convicted as a party to the offence for aiding and abetting.

The offender pleaded guilty to possession of cocaine and marijuana for the purpose of trafficking.

The Crown sought a four-year sentence, while the defence sought a conditional sentence or two years.

The court found that a four-year sentence was appropriate given the significant quantities of drugs involved.

However, the court granted enhanced credit for pre-sentence custody, strict bail conditions, a s. 10(b) Charter breach regarding the right to counsel, and the harshness of serving a sentence during the COVID-19 pandemic.

The final sentence imposed was three years in custody.

The offender pleaded guilty to robbery while armed with a knife, assault with a weapon, and failing to comply with a recognizance following a violent home invasion.

The court considered the offender's youthful age, mental health issues, and background of systemic racism and abuse as mitigating factors, balanced against the severe aggravating factors of the planned, violent group attack on a vulnerable family.

The court imposed a global sentence of 8 years imprisonment, granting 1.5:1 credit for pre-sentence custody and an additional 7 months credit for harsh lockdown conditions during the COVID-19 pandemic, resulting in 5 years left to serve.

The offenders were convicted of firearms trafficking and related offences committed in association with a criminal organization that imported firearms from the United States to Toronto.

The Crown sought sentences of 9 and 12 years, while the defence sought 4 and 6-8 years.

The court emphasized denunciation and deterrence given the severe risk firearms pose to the community, while also considering the offenders' lack of prior records and prospects for rehabilitation.

The court sentenced the first offender to 6 years and the second offender to 9 years in custody, with credit given for pre-sentence custody and stringent bail conditions.

The offender pleaded guilty to robbery simpliciter of a marijuana dispensary.

He had an extensive criminal record starting as a youth, but this was his first penitentiary sentence.

The Crown sought 3.5 years concurrent, while the defence sought two years less a day concurrent.

The court imposed a global sentence of 3 years (36 months) concurrent to his existing sentence, and granted 9 months of credit for harsh pre-sentence custody conditions due to the COVID-19 pandemic, leaving 27 months to serve.

The accused, Bill Allison and Kamar Cunningham, were charged with multiple offences related to firearms trafficking and participation in a criminal organization following a police investigation dubbed 'Project Patton'.

The Crown alleged that the accused were involved in importing firearms from the United States and distributing them in Toronto.

The court relied heavily on intercepted communications using coded language.

Mr. Allison testified, claiming he only received firearms for personal use, but his evidence was rejected.

Mr. Allison was found guilty of firearms trafficking, offering to transfer a firearm, and conspiracy.

Mr. Cunningham was found guilty of firearms trafficking, participating in a criminal organization, and possession for the purpose of transferring, but was acquitted of conspiracy due to reasonable doubt about his membership.

The offender pleaded guilty to possessing a loaded prohibited firearm and possessing a firearm while prohibited.

The Crown sought a 3.5-year sentence with 3-4 months of Duncan credit, while the defence sought a 3-year sentence with 14 months of Duncan credit.

The court imposed a global sentence of 3.5 years, finding denunciation and deterrence to be the primary sentencing objectives.

The court granted 32 months of Summers credit and 10 months of Duncan credit due to harsh pre-sentence custody conditions exacerbated by the COVID-19 pandemic, resulting in a sentence of time served and 12 months of probation.

The offender pleaded guilty to possessing a loaded restricted firearm, a prohibited device, breaching two prohibition orders, and possessing cocaine for the purpose of trafficking.

The Crown sought a 6-year global sentence, while the defence sought 5.5 years.

The court imposed a global sentence of 5.5 years, granting 37 months of Summers credit for pre-sentence custody and an additional 11 months of Duncan credit due to harsh conditions at the Toronto South Detention Centre, exacerbated by the COVID-19 pandemic.

The offender was ordered to serve a further 18 months in custody.

The accused, an Indigenous man with a significant history of trauma and addiction, pleaded guilty to possession of crystal methamphetamine and a heroin/fentanyl mixture for the purpose of trafficking.

The Crown sought a global sentence of 5 years, while the defence sought 3 years.

Applying Gladue principles and weighing the severe aggravating factors of the drugs involved against the accused's background, the court imposed a global sentence of 5 years.

The accused received enhanced credit for pre-sentence custody and harsh conditions, resulting in 45 months and 24 days left to serve.

The offender pleaded guilty to possessing a loaded prohibited firearm, robbery with a firearm, and possession of a firearm while prohibited.

The offences occurred when the offender and an accomplice robbed a victim of a gold chain on a busy street, during which the firearm was discharged.

The court weighed the offender's significant criminal record and the aggravating factors of gun violence in a public place against mitigating factors including a guilty plea, remorse, and harsh pre-sentence custody conditions.

A global sentence of 9 years was imposed, reduced by 57 months for pre-sentence custody and harsh conditions.

The offender pleaded guilty to multiple counts of trafficking fentanyl and heroin to an undercover officer, as well as possession of proceeds of crime.

The court recognized the offender as an addict trafficker who sold drugs to support his own addiction, but noted the significant quantities involved and the extreme danger fentanyl poses to the community.

The court imposed a global sentence of 6 years' imprisonment, reduced by credit for pre-sentence custody and strict bail conditions, resulting in a remaining sentence of 4 years and 359 days.