Khorshid Rad

The defendant was convicted of sexual assault and invitation to sexual touching arising from the same transaction.

Before sentencing, the defendant brought a second Charter s. 11(b) application to stay proceedings based on delay.

The trial commenced October 1, 2024, but was adjourned after October 4, 2024, when the Crown prosecutor developed a medical issue.

The trial resumed January 30, 2025, and concluded February 6, 2025.

Submissions were heard April 11, 2025, and judgment was delivered May 2, 2025.

The defendant argued the total delay from charge to conclusion of submissions (27 months and 11 days) violated his right to trial within a reasonable time.

The court found net delay of 23 months, exceeding the Jordan ceiling of 18 months.

Although the Crown's illness was recognized as a discrete exceptional circumstance, the court found the system failed to adequately mitigate the delay by not offering continuation dates in a timely manner.

The court granted a stay of proceedings.

The accused was charged with four counts of sexual assault and sexual interference involving his two stepdaughters.

The court, after hearing testimony from the complainants, the accused, and the accused's wife, found the complainants' evidence unreliable due to numerous inconsistencies, contradictions, and a concerning possibility of collusion.

The accused's testimony was found to be convincing.

Applying the principles of reasonable doubt and credibility assessment, the Crown failed to prove the case beyond a reasonable doubt.

The accused was acquitted on all counts.

The accused, Nicholas Cox and Erick Silva-Stone, pleaded guilty to unlawful act manslaughter in the death of Christopher Avery Houghton, which occurred during a robbery involving an unloaded firearm and subsequent stabbing.

The court accepted a joint submission on sentence, imposing 12 years custody for Mr. Cox (who had a youth record for similar offences) and 10 years custody for Mr. Silva-Stone (a first-time offender).

The judge considered aggravating factors including the profound impact on the victim's family, the callous nature of the crime, the use of a weapon, and the commission during a robbery.

Mitigating factors included early guilty pleas, sincere expressions of remorse, young age, and efforts towards rehabilitation.

The appellant, found Not Criminally Responsible (NCR), appealed a detention order, arguing for a conditional discharge as the least onerous and restrictive disposition.

The Court of Appeal upheld the Ontario Review Board's decision, finding that the Board reasonably rejected a conditional discharge.

The Board's decision was based on the appellant's history of non-compliance with hospital stays, her limited insight into her mental illness, and the unsuitability of the proposed housing with her husband, given their problematic relationship and her past unstable housing as a risk factor.

The court found no error in the Board's assessment that a detention order was necessary to manage the significant risk to public safety.