Kevin Mark Alderton

Lewis Moye pleaded guilty to possession of a loaded firearm.

The Crown sought a three-year penitentiary sentence, emphasizing denunciation and deterrence.

The defence argued for a conditional sentence of two years less a day, highlighting mitigating factors such as the offender's lack of a prior record, guilty plea, efforts towards rehabilitation, and the impact of systemic anti-Black racism on his moral culpability.

The court imposed a conditional sentence of two years less a day, followed by two years of probation with community service, a lifetime weapons prohibition, and forfeiture of the firearm.

The judge balanced the seriousness of the offence with the offender's strong rehabilitation prospects and background circumstances, concluding that a conditional sentence could adequately achieve sentencing objectives.

Armen Avansi pleaded guilty to child abduction and disobeying a court order after taking his nearly three-year-old son to Armenia for over two years, violating a parenting order.

The court considered aggravating factors, including the child's young age, the prolonged ordeal, the breach of a court order, and the significant emotional and financial impact on the victim and her family.

Mitigating factors included the guilty plea and no prior criminal record.

The court imposed a sentence of two years less a day of real incarceration, emphasizing general deterrence and denunciation for child abduction cases, and ordered restitution for specific expenses.

The Crown applied for two witnesses to appear via video link during a dangerous driving trial due to COVID-19 pandemic concerns.

The first witness lived in Kingston with no active cases and had a child with asthma; the second was a long-haul truck driver regularly crossing the U.S. border and concerned about virus exposure.

The defence objected on procedural grounds (insufficient notice and lack of affidavits) and substantive grounds (impairment of fair trial rights through inability to confront witnesses face-to-face).

The court granted the Crown's application, finding that while the accused is entitled to a fundamentally fair trial, not the fairest possible trial, the circumstances of the global pandemic justified video testimony.

The court emphasized that fundamental justice encompasses the rights and safety of the community, court staff, and witnesses, not solely the accused.

The defendant was sentenced following a guilty plea to a domestic violence offense.

The court imposed a conditional discharge with 18 months probation, including terms requiring the defendant to keep the peace, complete the Partner Assault Response (PARS) program, attend counseling for psychiatric and psychological issues, maintain a 100-meter distance from the victim, and comply with a weapons prohibition under section 110 of the Criminal Code.

The court also ordered a DNA sample and waived the victim surcharge.

The sentencing emphasized the seriousness of domestic violence, the controlling behavior exhibited, and the importance of rehabilitation through counseling programs.