Weapons prohibition

A.B., a young person, pleaded guilty to manslaughter in the death of Kenneth Lee, which occurred during a swarming incident involving eight youths.

The court considered the sentencing framework under the Youth Criminal Justice Act (YCJA), emphasizing accountability, rehabilitation, and reintegration.

Key factors included A.B.'s active participation, intoxication, lack of knowledge about the knife, and significant pre-sentence custody, including unreasonable strip searches.

The court credited A.B. with 15 months of pre-sentence custody and imposed a 21-month Intensive Support and Supervision Program (ISSP) order concurrently with probation, along with ancillary orders.

This decision concerns the sentencing of M.C. for historical sexual offences against his two daughters, C.B. and N.K., including sexual assault, incest, and gross indecency.

The court considered the fundamental purpose of sentencing, aggravating factors such as the offender's position of trust, the victims' vulnerability (especially C.B.'s disability), and the significant emotional and economic impact on C.B. The Crown sought a 12-year global sentence, while the defence proposed 7 to 9 years.

The court imposed a global sentence of 12 years, finding it proportionate to the gravity of the offences and the offender's high moral blameworthiness.

The defendant, Kadah Dematas, was found guilty of assault with a weapon and assault causing bodily harm against two police officers.

The court considered aggravating factors, including his serious criminal record and the nature of the offences against law enforcement, and mitigating factors, such as his youth, efforts at rehabilitation, and Indigenous and racialized background (Morris and Gladue principles).

The court imposed a total penitentiary sentence of 30 months, with significant pre-sentence custody credit, and ancillary orders including a DNA sample and a lifetime weapons prohibition.

P.R. was found guilty of three counts of sexual assault, three counts of sexual interference, and two counts of invitation to sexual touching involving his daughter and two nieces, aged five to sixteen.

The court considered aggravating factors including the relationship of trust, the victims' young ages, repetition and duration of abuse, vulnerability, and significant psychological impact.

Mitigating factors included no prior criminal record, pro-social history, and community support, though tempered by lack of remorse.

Applying the principles from R. v. Friesen, the court emphasized denunciation and deterrence for child sexual offences, rejecting the notion that non-penetrative acts are less harmful.

The defence sought a conditional sentence or a six-year global sentence, while the Crown sought 12.5 years.

The court imposed a global sentence of 10 years incarceration, with specific concurrent and consecutive terms for the counts, and various ancillary orders including DNA, weapons prohibition, and a SOIRA order for life.

The accused, Y.Y., was convicted by a jury of assault and sexual exploitation against his daughter.

A sexual assault conviction was stayed under the Kienapple principle.

The assault, occurring when the complainant was 14, involved a prolonged physical attack including choking.

The sexual exploitation, when the complainant was 16, involved non-penetrative sexual touching.

The court considered aggravating factors such as breach of trust, the victim's age, and the profound psychological impact, including suicidal ideation and family ostracization.

Mitigating factors included no prior criminal record, stable employment, and low risk of reoffending.

Emphasizing denunciation and deterrence as per R. v. Friesen, the court imposed a total sentence of two years and six months imprisonment: two years for sexual exploitation and six months consecutive for assault.

Ancillary orders included DNA, weapons prohibition, non-communication, and SOIRA registration.

A s. 161 order was not available as the complainant was 16 at the time of the sexual offence.

J.R. pleaded guilty to one count of indecent assault male, an offence committed approximately 40 years prior when the victim was 17 and J.R. was 28.

The incident involved attempted anal penetration and occurred while J.R. was in a position of trust as the victim's uncle and a Boy Scout leader.

The court considered aggravating factors including the severe abuse of trust, the victim's vulnerability, the profound psychological harm caused, and the attempted unprotected anal intercourse.

Mitigating factors included J.R.'s age, his guilty plea (though entered on the first day of trial), and his lack of prior criminal record.

Applying the principles from *R. v. Friesen*, the court emphasized denunciation and deterrence, acknowledging the historical nature of the offence and the limitations on applying modern sentencing ranges.

A sentence of four years imprisonment was imposed, along with ancillary orders for DNA, SOIRA registration, a no-contact order with the victim while in custody, and a weapons prohibition.

The offender, a racialized transgender woman, was sentenced after being found guilty of assault with a weapon, three counts of assault with intent to resist arrest against police officers, mischief, and breach of probation.

The court considered her difficult background, prior criminal record including a manslaughter conviction, and community work, but found no remorse.

The court emphasized denunciation and deterrence, particularly for assaults on police officers, and determined that a conditional sentence was inappropriate given the serious nature of the offences and the offender's record.

A total sentence of 12 months and 15 days' incarceration was imposed, followed by two years' probation, a 10-year weapons prohibition, and a DNA order.

The appellant, convicted of aggravated assault on his intimate partner and sentenced to seven years imprisonment, appealed both his conviction and sentence.

The Court of Appeal dismissed the conviction appeal, finding the evidence, including video footage, overwhelming and the defence of necessity lacking an air of reality.

The sentence appeal was also dismissed, as the court found the sentence fit given the egregious nature of the assault, despite the appellant's arguments regarding mitigating factors.

The court did, however, correct errors in the imposition of weapons prohibition orders under the Criminal Code.

Darcy Martin pleaded guilty to one count of Sexual Interference, contrary to s. 151 of the Criminal Code, involving a 15-year-old victim.

The court considered aggravating factors including a prior sexual assault record, the victim's age and vulnerability, a significant age difference, and the profound impact on the victim and her mother.

Mitigating factors included a guilty plea (though late), genuine remorse, proactive efforts to address sex addiction through counselling and 12-step programs, supportive family, positive employment history, and compliance with bail conditions.

The court emphasized denunciation and deterrence as primary objectives for child sexual offences, guided by R. v. Friesen.

The final sentence was three years imprisonment, along with mandatory ancillary orders including a lifetime weapons prohibition, a DNA order, a 20-year SOIRA registration, a victim fine surcharge, and a 10-year prohibition from positions of trust with minors.

The court also invited further submissions on internet accountability and no-contact orders.

Joshua Carr was sentenced for assault with a weapon, assault, and wilfully causing unnecessary suffering to an animal, all committed within an intimate partner relationship.

The offences included physical abuse of the victim, Ursula-Marie Nippard, one incident occurring in the presence of Carr's children, and the killing of Ms. Nippard's pet dog by throwing it from an 11th-story balcony.

Carr absconded prior to sentencing, which proceeded in absentia.

The court emphasized the aggravating nature of intimate partner violence and animal cruelty, particularly when used to exert control.

Mitigating factors included an early guilty plea and remorse for the animal cruelty.

The court imposed a total sentence of 20 months custody, reduced by pre-sentence credit, resulting in 18 months and 6 days remaining, along with a 3-year probation, DNA orders, a 10-year weapons prohibition, a 25-year animal ownership ban, and a $7,500 restitution order.

The accused, Chitifarta Sukkushe, was found guilty of four gun charges related to the seizure of a loaded handgun at a Canada Border Services Agency office.

The court considered aggravating factors, including bringing a loaded handgun into a government building and the epidemic of illegal gun possession in Toronto, and mitigating factors such as the accused's youth, lack of criminal record, and pre-trial custody conditions.

The Crown sought a 4-year sentence, while the defence sought a 24-month conditional sentence.

The court imposed a sentence of 34 months, less pre-trial custody credit of 611 days, resulting in a remaining sentence of 13 months and 19 days to be served in jail, finding a conditional sentence inconsistent with the principles of denunciation and deterrence.

A lifetime weapons prohibition and 12 months of probation were also imposed.

This is a sentencing decision following convictions for impaired driving and sexual assault.

The offender, Hurshed Tursunov, had a prior impaired driving conviction.

The sexual assault involved a paramedic providing medical assistance in an ambulance.

The court considered aggravating factors, including the prior conviction, the collision, flight from the scene, lack of insight, and the vulnerability of the victim.

Mitigating factors included the financial impact of incarceration on the offender's family and the conditions of serving time during the pandemic.

The court balanced principles of denunciation, deterrence, proportionality, and restraint, imposing a total custodial sentence of 75 days, along with a probation order, driving prohibition, weapons prohibition, Sex Offender Information Registration Act (SOIRA) order, and DNA order.

Jerome Derby pleaded guilty to four firearm-related offences, including discharging a firearm with intent to endanger life, unauthorized possession of a prohibited firearm, occupying a vehicle with a prohibited firearm, and breach of a weapons prohibition order.

The sentencing judge considered aggravating factors such as the seriousness of the offences, the public setting of the shooting, and the offender's significant criminal record, including a prior manslaughter conviction.

Mitigating factors included the guilty plea, the offender's lived experience with anti-Black racism and poverty, and harsh pre-sentence custody conditions.

The court imposed a global sentence of 9.5 years, which, after credit for pre-sentence custody, resulted in a net sentence of 5 years and 3 months.

This decision concerns the sentencing of H.W., who was found guilty by a jury of three counts of sexual assault and three counts of sexual interference against the daughters of his common-law partner.

The court considered aggravating factors including the victims' young age (10-13), abuse of trust within a familial context, multiple victims, and the significant, long-lasting impact on the complainants.

Mitigating factors included the offender's own traumatic history as a child victim of sexual abuse, lack of support, experience with anti-Black racism, a substantial gap in his criminal record, and the collateral consequences of serving a sentence during the COVID-19 pandemic.

The Crown sought 4-5 years, while the defence sought 3 years.

The court imposed a global sentence of 4 years imprisonment, with three sexual assault counts stayed.

Ancillary orders included a DNA order, a lifetime Sex Offender Information Registration Act order, a 10-year weapons prohibition, and a non-communication order with the victims.

The accused was found guilty of sexual offenses against a young stepdaughter (aged 10) under ss. 151, 152, and 271 of the Criminal Code.

The court delivered reasons for sentence, staying the s. 271 charge under the Kienapple principle and imposing concurrent sentences for ss. 151 and 152.

The judgment discusses sentencing principles, aggravating and mitigating factors, and the application of "Summers" and "Duncan" credits for pre-sentence detention, particularly in the context of the COVID-19 pandemic.

The court imposed a four-year term of imprisonment, less pre-sentence custody credit, along with probation and various ancillary orders.

The defendant was charged with multiple drug trafficking and breach of conditions offences.

The defence brought an application to exclude evidence under s. 10(b) and s. 24(2) of the Charter, arguing a delay in access to counsel.

The court found that the initial delay in access to counsel was justified due to ongoing public and officer safety concerns related to an unrecovered firearm and the need to preserve evidence.

The court also found that the defendant later waived his right to counsel.

Consequently, the application to exclude evidence was dismissed.

The defendant was found guilty of possession of cocaine (lesser included), possession of fentanyl for trafficking, possession of heroin/carfentanil for trafficking, possession of methamphetamine for trafficking, two counts of breach of recognizance, and breach of a weapons prohibition.

Mr. Daley was charged with firearm and drug trafficking offences following a car accident.

The case, initially a preliminary inquiry, proceeded as a trial focusing on Charter issues: whether Mr. Daley was arbitrarily detained in the ambulance, whether hospital staff and police searches violated his s. 8 Charter rights, and if evidence should be excluded under s. 24(2).

The court found no Charter violations, concluding that Mr. Daley was not detained in the ambulance, hospital staff were not state actors during the routine inventory search, and the subsequent police search was lawful as incident to arrest.

Mr. Daley was found guilty on all counts.

This decision concerns the sentencing of two young offenders, U.K. and R.P., convicted by a jury of sexual assault.

The victim, aged 17, was severely intoxicated and unable to consent.

U.K. committed non-consensual fellatio, and R.P. committed non-consensual fellatio and attempted intercourse.

The court considered aggravating factors, including the victim's vulnerability, the multiple acts of assault, and the profound, lasting impact on the victim.

Mitigating factors included the offenders' youth, lack of prior criminal records, and prospects for rehabilitation.

The court emphasized denunciation and deterrence as paramount sentencing principles, balancing them with rehabilitation.

Both offenders were sentenced to two years less a day incarceration, followed by two years probation, along with ancillary orders including a publication ban, weapons prohibition, and DNA sample order.

F.B. pleaded guilty to aggravated assault.

The Crown sought 6 months open custody, while the defence sought a non-custodial sentence of 18-24 months probation.

The court considered the Youth Criminal Justice Act (YCJA) sentencing principles, including proportionality and the "last resort" principle for custody.

Aggravating factors included the unprovoked, cowardly nature of the attack, the serious injuries, and the location (school parking lot).

Mitigating factors included the guilty plea, genuine remorse, community service, and efforts towards rehabilitation (work and school).

The court found a custodial sentence was proportionate and necessary, imposing 4 months custody (80 days open custody + 40 days supervision) followed by 18 months probation, along with a weapons prohibition and DNA order.

J.R. was found guilty after trial of Luring a Child (s. 172.1) and Extortion (s. 346) against his daughter/granddaughter, M.G., who was 11-12 years old.

The offences involved J.R. secretly texting M.G. via Snapchat, demanding nude images in exchange for electronics and continued visits, and threatening abandonment.

This occurred in contravention of a family court order prohibiting unsupervised communication, stemming from J.R.'s prior sexual abuse of M.G.'s stepsister (who was also M.G.'s biological mother).

The court emphasized the extreme breach of trust, the victim's vulnerability, J.R.'s related criminal record, and his lack of remorse.

Applying principles from Friesen and Rafiq, the court sentenced J.R. to five years imprisonment for luring and 18 months concurrent for extortion, along with ancillary orders including a lifetime SOIRA order, DNA order, weapons prohibition, and non-communication order.