Kelly Frew

David Kukoly, a former police officer and unregistered massage therapist, pleaded guilty to five counts of sexual assault involving eleven women over three years.

The Crown sought a four-year penitentiary sentence, while the defence argued for a reformatory sentence in the community, citing the defendant's genuine but mistaken belief in consent and the mitigating factor of his guilty plea.

The court considered aggravating factors, including abuse of trust and vulnerability of victims, and mitigating factors, such as the guilty plea, lack of prior record, and risks of incarceration for a former police officer.

The court imposed a conditional sentence of two years less a day, emphasizing denunciation and deterrence through significant deprivation of liberty (house arrest), along with probation, SOIRA registration, DNA order, and a s. 110 order.

The offender pleaded guilty to second degree murder for shooting and killing his domestic partner in their backyard.

The Crown sought a parole ineligibility period of 16 to 17 years, while the defence sought 12 to 13 years.

The court weighed aggravating factors, including the domestic nature of the crime and use of a firearm, against mitigating factors such as the guilty plea, lack of prior record, and cooperation with police.

Applying the McKnight range for domestic homicides, the court sentenced the offender to life imprisonment with a parole ineligibility period of 14 years.

A young person pled guilty to robbery in connection with two bank robberies committed in November 2017.

The Crown sought a custody and supervision order for 12 months followed by two years probation.

Defence counsel sought probation for 12 to 15 months.

The court imposed a deferred custody and supervision order for six months followed by one year probation, along with ancillary orders including a DNA order, weapons prohibition, and forfeiture of the imitation firearm.

The sentencing considered the serious nature of the offences, the implicit threats of violence, the young person's background including trauma and systemic factors, expressions of remorse, lack of prior record, and compliance with bail conditions over 33 months.

The Crown sought full forfeiture of a $75,000 recognizance against an offender and two sureties following the offender's conviction for breaching bail conditions, including house arrest and a no-contact order with a specific individual.

The sureties argued for a lesser amount.

The court considered factors such as the sureties' diligence, financial means, and the duration of the breach, ultimately ordering partial forfeiture amounts for the offender and each surety.

The accused was charged with operating a motor vehicle with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.

The accused sought to exclude breath test results pursuant to section 24(2) of the Canadian Charter of Rights and Freedoms, arguing that the police officer lacked reasonable and probable grounds to demand an approved instrument test.

The court found that the officer had reasonable and probable grounds based on the totality of circumstances, including the vehicle's location on the highway shoulder at 3:13 a.m., the accused urinating behind the vehicle, the odour of alcohol, red and watery eyes, and the accused's admission of consuming two beers.

The court also found that the breath tests were conducted as soon as practicable within 65 minutes of the stop.

The accused was found guilty.

The defendant was charged with three counts of sexual assault against a 15-year-old complainant between August and September 2010.

The Crown proceeded by summary conviction.

The complainant alleged multiple incidents of unwanted touching of her breasts and genital area by the defendant, who was her mother's boyfriend and lived in the family home.

The defendant denied all allegations.

The complainant initially recanted her allegations in a sworn affidavit in April 2012, but subsequently advised her lawyer in May 2013 that the affidavit was false and the allegations were true.

The trial focused on credibility, with the judge finding the complainant credible despite her psychological vulnerabilities and the apparent inconsistencies in her account, while finding the defendant and the complainant's mother utterly incredible.

The defendant was convicted on all three counts.

The offender pleaded guilty to seven offences: sexual exploitation of a minor, incest, assault, assault with a weapon, uttering threats, and unlawful possession of firearms.

The offences spanned nearly a decade and involved the sexual abuse of his daughter from a very young age through adolescence, domestic violence against his wife, and possession of prohibited weapons.

The court imposed a global sentence of 7 years and 9 months imprisonment after crediting pretrial custody, emphasizing denunciation, deterrence, and separation from society as the primary sentencing objectives for child sexual abuse offences.

The accused was charged with failing to comply with a demand for a breath sample under s. 254(2)(b) of the Criminal Code.

A police officer stopped the accused for speeding and, observing signs of impairment, requested a roadside breath sample using an approved screening device (ASD).

The accused made six attempts to provide a sample, each resulting in an error code indicating an insufficient sample.

The Crown alleged the accused intentionally failed to provide a proper sample.

The defence argued the accused was suffering from a chest cold and cough that prevented him from providing an adequate sample, and that he was attempting to comply with the officer's instructions.

The court found reasonable doubt regarding the accused's intent to fail and acquitted him.