Ken Golish

The offender was convicted of sexually assaulting a 16-year-old who had passed out intoxicated on his couch.

The offender had a prior conviction for aggravated sexual assault for which he served a six-year penitentiary term.

Applying the principles from R. v. Friesen, the court emphasized denunciation and deterrence, noting the severe psychological trauma suffered by the victim.

The court sentenced the offender to 7 years' incarceration, along with a lifetime weapons prohibition, a lifetime SOIRA order, and a no-contact order.

The accused was charged with sexual assault.

The complainant, a 16-year-old, became highly intoxicated at the accused's residence and was unable to consent to sexual activity.

Witnesses observed the complainant naked from the waist down with the accused, and DNA evidence linked the accused to spermatozoa found on the complainant.

The court found the accused guilty, concluding beyond a reasonable doubt that a sexual assault occurred while the complainant was incapacitated.

Two commercial truck drivers were charged under the Immigration and Refugee Protection Act after 11 foreign nationals were discovered hidden in the sleeping cab of their truck at the Canada-US border.

The accused brought a motion arguing no case to answer, asserting the Customs Act should apply, which the court dismissed.

At trial, the court rejected the driver's testimony denying knowledge of the passengers, finding him guilty based on his attempt to evade secondary inspection.

The co-driver, who was resting in the passenger seat, was acquitted as the court found his denial of knowledge could reasonably be true and there was insufficient evidence of willful blindness.