DNA evidence

The appellant was convicted of robbery following a home invasion and sentenced to four years' imprisonment.

On appeal, he argued the trial judge erred by relying on the rejected testimony of a co-accused and failing to caution himself about unsavoury witness evidence.

He also sought to introduce fresh DNA evidence and appealed his sentence based on the parity principle.

The Court of Appeal dismissed the appeals and the fresh evidence motion, finding no error in the trial judge's assessment of the circumstantial evidence or the differing sentences imposed on the co-accused based on their respective moral culpability.

The Crown alleged Christian Collins breached his Conditional Sentence Order (CSO) by committing an armed robbery shortly after the CSO was finalized.

The court found overwhelming circumstantial evidence, including DNA and the purchase of walkie-talkies used in the robbery, connecting Collins to the crime.

The court determined that Collins's previously established "complete and successful reformation," which was a premise for the CSO, was erroneous.

Given the serious nature of the breach (armed robbery) and the underlying offences (drug trafficking, firearm possession) which endangered public safety, the court concluded that the CSO was no longer appropriate.

The CSO was terminated, and Collins was committed to custody for the remainder of his sentence.

This judgment concerns a murder trial where the accused, Brandon Lamoureux, was charged with the fatal stabbing of Gilbert Rumleskie.

The central issue was the identification of the stabber, with conflicting and unreliable witness testimonies from Jordan Plumb and Ashley Dombroskie, and circumstantial evidence including grainy surveillance video and DNA analysis.

The court meticulously assessed the credibility of all witnesses, noting significant inconsistencies and admitted lies from the Crown's key witnesses.

Despite evidence of animus and prior threats by the accused towards the victim, the court found a reasonable doubt as to whether the accused or Jordan Plumb, whose knife was the murder weapon and bore his DNA, inflicted the fatal wound.

The court emphasized that circumstantial evidence must be rationally inconsistent with any other conclusion than guilt, and that reasonable inferences consistent with innocence can arise from a lack of evidence.

Ultimately, the court found the Crown had not proven guilt beyond a reasonable doubt.

The accused, Malik Mbuyi, brought an application under sections 7, 8, and 24(2) of the Canadian Charter of Rights and Freedoms to exclude DNA evidence obtained via two search warrants (TPS and Brantford warrants) in a first-degree murder trial.

The applicant argued that police circumvented proper procedures, misled the issuing justice, and engaged in an abuse of process by obtaining a DNA warrant for stale youth offences primarily to advance the homicide investigation.

The court dismissed the application, finding no Charter breach under section 8, no abuse of process under section 7, and that even if there were breaches, the evidence would be admissible under section 24(2) due to the seriousness of the crime, reliability of the evidence, and public interest in adjudication on the merits.

The defendant, Damen Smith, faced charges including drug trafficking, possession for the purpose of trafficking, possession of proceeds of crime, and firearm offences.

The charges stemmed from a police surveillance operation, a vehicle takedown, and subsequent searches of a Nissan Rogue and an apartment.

The court relied heavily on wiretap intercepts and circumstantial evidence.

The defendant was found guilty of drug trafficking and possession for the purpose of trafficking, and possession of proceeds of crime related to the vehicle.

However, the court found reasonable doubt regarding the firearm charges due to poor police handling of evidence and the presence of other occupants, and also found reasonable doubt for the drug and proceeds charges related to the apartment due to insufficient evidence of the defendant's primary residence and the presence of another individual.

The appellant, convicted of sexual assault and sexual interference, appealed his conviction, arguing the trial judge erred in assessing and relying on the complainant's voice identification evidence.

The Court of Appeal dismissed the appeal, finding that the voice recognition evidence was a minor part of a broader constellation of evidence, including DNA, physical injuries, and the complainant's visual identification of the appellant.

The court held that the trial judge's overall scrutiny of the complainant's evidence, despite minor mischaracterizations, was sufficient to address reliability concerns.

This criminal trial concerned charges of sexual assault, robbery, possession of stolen property, and breach of probation against the accused, Charles Waddling-Leeson.

The complainant, Ms. A.A., testified to a non-consensual sexual assault in a university washroom, including choking, threats of a knife, and bodily harm, followed by the theft of her iPhone.

The accused claimed the sexual encounter was consensual and pre-arranged via Tinder.

The court meticulously assessed the credibility of both the complainant and the accused, considering DNA evidence, video surveillance, and legal principles regarding memory frailties in trauma victims and the caution against stereotypical reasoning in sexual assault cases.

The court found the complainant's testimony credible and reliable on the core issues of consent, despite minor inconsistencies, and rejected the accused's version of events due to significant contradictions with the evidence.

The accused was found guilty on all counts.

The appellant, Subeer Bakal, appealed his convictions for firearm offences and breaches, and sought leave to appeal his sentence.

He also sought to introduce fresh evidence.

The Court of Appeal for Ontario dismissed the appeal against conviction, finding that the trial judge correctly applied the principles for assessing evidence, including circumstantial evidence (R. v. W.(D.) and R. v. Villaroman).

The court also denied the application to admit fresh evidence, finding it lacked cogency and was implausible.

Finally, the court granted leave to appeal the sentence but dismissed the sentence appeal, concluding that the trial judge properly considered sentencing principles, including the totality principle, time spent on bail, and the issue of anti-Black racism.

The appellant, Kevin Janeiro, appealed his convictions for robbery and having his face masked, arguing the verdicts were unreasonable and the trial judge materially misapprehended evidence, particularly regarding identity and lost security video.

The Court of Appeal found the convictions unreasonable due to material misapprehensions of evidence concerning fingerprint and DNA evidence, and the importance of the lost security video.

The court also found a Charter breach due to the negligent loss of the security video.

The appeal was allowed, convictions set aside, and verdicts of acquittal substituted.

Lorne Clifford Clement was charged with sexual assault.

The trial focused on the credibility of the complainant and the accused.

The court found the accused's testimony unreliable due to inconsistencies with his prior police statement and admitted intoxication.

The complainant's evidence was deemed credible and compelling.

The court rejected arguments based on stereotypical behaviour of sexual assault victims, citing appellate authority.

The accused was convicted of sexual assault.

The defendant was charged with assault, choking with intent, sexual assault, and unlawful confinement.

The central issue was identification, with the Crown relying on the complainant's identification and DNA evidence, while the defence presented an alternative explanation for the DNA findings through witness testimony.

The court found the complainant's identification evidence unreliable due to inconsistencies and uncertainty.

Although the DNA evidence was compelling, the defence witnesses' accounts, despite minor flaws, raised a reasonable doubt regarding the defendant's identity as the perpetrator of the alleged assault at the Liberty Village apartment.

The court also addressed, for completeness, the elements of sexual assault and unlawful confinement, finding the sexual assault elements met but not the unlawful confinement elements due to uncertainty regarding intent.

The defendant was found not guilty on all counts.

The accused, P.L., was charged with sexual exploitation and sexual assault involving his 16-year-old great-niece, G.F. The incident occurred at P.L.'s home after G.F. had consumed alcohol.

The court found P.L. not guilty of sexual exploitation, as the Crown failed to prove a position of trust or authority or dependency.

However, P.L. was found guilty of sexual assault based on G.F.'s credible testimony, corroborated by DNA evidence and physical bruising, establishing that sexual activity occurred without G.F.'s consent while she was intoxicated and vulnerable.

This ruling addresses the admissibility of various PowerPoint slides the Crown sought to use during a criminal trial.

The defence objected to specific elements, including a label on a DNA evidence slide implying a warrant was necessary, the relevance of an arrest photo taken a year after the alleged offence, and the potential for opinion evidence from an officer using video stills.

The court ruled that the DNA slide must be edited to remove the warrant reference, the arrest photo was admissible given the significance of identification, and the video stills were admissible provided prejudicial labels were removed and witness testimony avoided improper opinion.

The applicant, Robert Steven Wright, charged with first-degree murder, sought judicial interim release.

The court considered the application under the reverse onus provisions of the Criminal Code, specifically focusing on the secondary and tertiary grounds for detention.

While the secondary ground (public safety/reoffending) was not met due to the applicant's lack of criminal record and stable employment, the tertiary ground (maintaining confidence in the administration of justice) was central.

The court found the Crown's case, based on DNA and fingerprint evidence, to be very strong, bordering on overwhelming.

Considering the gravity of the offence, the violent circumstances, the potential lengthy imprisonment, and concerns regarding the proposed surety and release plan, the court concluded that detention was necessary to maintain public confidence in the administration of justice.

The application for interim judicial release was dismissed.

The accused, J.P., was charged with sexual interference and sexual assault involving a five-year-old complainant.

The case relied entirely on circumstantial evidence, including the accused being found naked in bed with the complainant whose shorts and underwear were down, inculpatory statements by the accused, and DNA evidence.

The court found the mother's evidence unreliable due to inconsistencies and emotional state, and the expert DNA evidence inconclusive regarding the source and timing of semen.

The accused's testimony was disbelieved due to inconsistencies.

However, considering the evidence as a whole, the court was not convinced beyond a reasonable doubt of the accused's guilt, leading to dismissal of all charges.

The defendant, F.E., was charged with sexual assault and sexual exploitation of C.K., a person with a mental disability in a relationship of dependency.

The Crown presented evidence including C.K.'s videotaped statements, medical findings of sexual activity and a sexually transmitted disease, and DNA evidence of F.E.'s semen and C.K.'s DNA on a towel.

The defence argued inconsistencies in C.K.'s statements and presented testimony from F.E.'s wife (A.C.) and son (L.C.) denying the incidents.

The court found C.K.'s testimony credible, explaining inconsistencies due to fear and dependency, and found the DNA evidence to be powerful corroboration.

The court rejected the defence witnesses' credibility, finding them motivated by shame and a desire to protect F.E. F.E. was found guilty on both counts.

The accused, Muse Abdirahim, brought a severance application under s. 591(3)(a) of the Criminal Code for three sets of armed robbery charges.

The Crown resisted, intending to use similar fact evidence.

The court granted severance in part, ordering a separate trial for charges related to the second incident (Mac's Milk) due to the objective reasonableness of the accused's intention not to testify and the tenuous nature of the Crown's similar fact evidence for that incident.

However, severance was denied for the first (Stay Inn) and third (Cell Phone store) incidents, as DNA evidence strongly linked them, the similar fact application was deemed viable, and concerns regarding trial efficiency, risk of inconsistent verdicts, and victim inconvenience outweighed the prejudice to the accused.

The accused was charged with sexual assault.

The complainant alleged the accused touched her breasts and vagina while she was passed out after a night of heavy drinking.

The accused denied the contact.

The court found the complainant credible but unreliable due to her intoxication and contradictions from other witnesses regarding key details like sleeping arrangements and interactions.

DNA evidence on the complainant's bra matched the accused, but the defense proposed an innocent transfer through profuse slobbering during repeated social interactions over the drunken weekend.

While finding the innocent transfer implausible, the court could not definitively rule it out, leading to reasonable doubt.

The charge was dismissed.

The accused was charged with robbery and using an imitation firearm following a jewelry store hold-up by two men.

The Crown's case relied on eyewitness identification from a photo lineup and DNA found on a baseball cap left at the scene, which the Crown alleged was worn by the other perpetrator.

The defence called an alibi witness who testified the accused was with her at the time of the offence.

The court found the alibi evidence, while not fully believed, raised a reasonable doubt.

The court also noted frailties in the eyewitness identification and found the circumstantial DNA evidence insufficient to overcome the presumption of innocence.

The accused was acquitted.

The young person, charged with second degree murder, brought pre-trial applications seeking a stay of proceedings and the exclusion of certain evidence.

The moving party argued his right to silence was violated when he was compelled to testify at the preliminary inquiry of his adult co-accused.

The court dismissed the stay application, finding no breach of the Crown's undertaking or the right to silence.

The court ruled photographs of the moving party's hands admissible, finding their probative value outweighed any prejudicial effect.

However, the court excluded late-disclosed DNA evidence regarding blood on the moving party's sweatshirt, finding its admission would prejudice the defence.

A subsequent request by the Crown to admit the DNA evidence in reply was denied, with the court instead providing a strong caution to the jury.