K. Murray

The accused was charged with careless storage of ammunition, possession of a prohibited weapon (crossbow), production of cannabis, and possession of cannabis for trafficking purposes.

The defence brought a Charter application challenging the validity of the search warrant on the basis that there were insufficient reasonable and probable grounds.

The court found that the Information to Obtain contained misleading information, impermissible speculation, and material omissions.

The affiant drew unreasonable inferences unsupported by the evidence, particularly regarding the accused's involvement in an outdoor marijuana grow operation discovered on an adjacent property.

The court found a serious breach of section 8 Charter rights and excluded all evidence obtained from the search warrant execution.

The defendant pleaded guilty to sexually touching a 13-year-old victim with his penis in July 2013 when he was 30 years old.

While awaiting sentencing, he committed additional offences: uttering threats to cause bodily harm and breaching a probation order.

The Crown sought a global sentence of 13 months; the defence sought 6 to 9 months.

The court imposed 12 months imprisonment for the sexual touching offence, with concurrent 30-day sentences for the breach and threats, followed by 3 years of probation with extensive conditions.

The court emphasized that denunciation and deterrence must take precedence over rehabilitation in cases involving child sexual abuse.

The defendant pleaded guilty to identity theft and fraud charges involving the theft of the victim's identity to fraudulently obtain and use multiple credit cards over a two-month period in 2014.

The defendant was 31 years old with no prior criminal record at the time of the offences, though he was on bail for similar charges in Toronto.

The Crown sought 90 days imprisonment; the defence sought a time-served sentence.

The court imposed a suspended sentence with three years probation, including 150 hours of community service, substance abuse counseling, and strict conditions including no contact with the victims and restrictions on possession of identification documents and internet access.

Restitution of $4,218.77 was ordered to American Express, and a victim surcharge of $800 was imposed.

The accused pleaded guilty to two counts of dangerous operation of a motor vehicle causing bodily harm arising from a collision that seriously injured two victims exiting their parked vehicle.

The vehicle lost control after striking a snowdrift and collided with the victims’ van, causing significant injuries including prolonged hospitalization for one victim.

The court considered the offender’s lack of prior criminal record, health issues, remorse, alcohol-related concerns, and progress in psychotherapy.

Applying sentencing principles of denunciation, general deterrence, and rehabilitation, the court accepted a joint submission on sentence.

Concurrent custodial terms of eighteen months and concurrent three‑year driving prohibitions were imposed.

The defendant pleaded guilty to five bank robberies committed by handing notes to bank tellers demanding money while falsely claiming to have a gun.

The Crown sought a concurrent sentence of six years in federal penitentiary with one-for-one pre-sentence credit for a net sentence of five years.

The defence sought a net sentence of three to four years.

The court imposed a concurrent sentence of six years less enhanced credit of 1.5 to one for approximately 1.5 years of pre-trial custody, resulting in a net sentence of four years and six months in federal penitentiary.

The court also imposed a lifetime firearms prohibition and ordered a DNA sample.