8 total
Step-father sentenced to 8 years for repeated sexual assault of young step-daughter.
The offender was convicted of sexual assault and uttering threats against his step-daughter, with the abuse occurring when she was between 5 and 8 years old.
The Crown sought 10 to 12 years imprisonment, while the defence sought 3 to 4 years.
Emphasizing denunciation and deterrence for adult sexual predators, the court sentenced the offender to 8 years for sexual assault and 1 year concurrent for uttering threats.
The court also granted enhanced pre-sentence custody credit of 2:1 for time served during the COVID-19 pandemic.
Accused sentenced to 13 years for manslaughter after fatally shooting a victim while firing into a vehicle.
The accused pleaded guilty to manslaughter after firing five shots into a vehicle, intending to shoot the vehicle but striking and killing the victim who was seated inside.
The Crown sought 13 to 15 years, while the defence sought 8 years.
The court considered the accused's extensive criminal record, use of an illegal firearm, and lack of insight as aggravating factors, balanced against his guilty plea.
The court imposed a sentence of 13 years imprisonment, less 44 months credit for pre-sentence custody, along with ancillary orders.
Child sexual abuse convictions entered after the complainant’s evidence was accepted.
The accused stood trial on charges of sexual assault, sexual touching of a child under 16, and uttering threats arising from repeated intra-familial abuse of a young complainant over several years.
Applying the W.(D.) framework and the governing principles for assessing child witnesses and delayed disclosure in sexual offence cases, the court accepted the complainant’s evidence as credible and reliable despite incremental disclosure and some imprecision in detail.
Expert pediatric evidence was relied on to explain why the absence of physical findings did not undermine the allegations.
The accused’s denials were rejected, and the court found the Crown proved all counts beyond a reasonable doubt.
Application for change of venue dismissed as pre-trial publicity did not preclude a fair trial.
The applicant, charged with first degree murder, applied for a change of venue under s. 599(1) of the Criminal Code, arguing that pervasive pre-trial publicity and community hostility in Brantford made a fair trial impossible.
The court reviewed the media coverage, social media comments, and community attendance at court appearances, finding that the publicity was not overwhelmingly hostile or prejudicial.
The court concluded that procedural safeguards, including an expanded challenge for cause, would adequately protect the applicant's right to a fair trial.
The application for a change of venue was dismissed.
Post-conviction bail revoked on tertiary grounds after child sexual offence convictions.
Following conviction on ten child sexual offence counts involving a young complainant, the Crown moved to revoke bail pending sentence.
The court adopted the approach that a post-conviction revocation application properly proceeds under s. 523(1)(b) of the Criminal Code, informed by the detention factors in s. 515(10), rather than any presumption that interim release should continue absent cause shown.
Although the accused was not found to be a flight risk, the court held that detention was necessary on the tertiary ground to maintain confidence in the administration of justice, given the strength of the Crown's case, the gravity of the offences, the breach of trust, and the likelihood of a lengthy custodial sentence.
The application was granted and bail was revoked pending sentencing.
Detailed child evidence supported convictions on all sexual offence counts.
The court convicted the accused on all counts arising from repeated sexual assaults against a child in a familial setting over an extended period.
The complainant testified by CCTV and adopted her prior video-recorded police statement; the court found her unusually detailed, consistent, and reliable, and rejected defence attacks based on delayed disclosure, alleged inconsistencies, and alternative perpetrators.
Applying the W.(D.) framework and the principles governing proof beyond a reasonable doubt, the court found the accused evasive, incredible, and prone to unsupported deflection.
The court also expressly rejected myths and stereotypes about how sexual assault complainants are expected to disclose abuse.
A former teacher who secretly recorded male colleagues in a washroom received a 16-month conditional sentence.
The accused, a former elementary school teacher and vice-principal, pleaded guilty to nine counts of voyeurism under section 162(1)(a) of the Criminal Code.
Between early 2015 and February 2017, he secretly recorded male staff members using the staff washroom at his school using hidden cameras.
The Crown sought 15 to 18 months custody, emphasizing denunciation and general deterrence.
The defence sought a conditional sentence of 16 months, highlighting mitigating factors including the guilty plea, lack of prior record, remorse, and therapeutic progress.
The court imposed a 16-month conditional sentence with strict conditions including house arrest for the first eight months, non-contact orders, and mandatory counselling, followed by two years probation.
Accused found guilty of four counts of historical sexual misconduct; remaining counts dismissed due to lack of trust relationship.
The accused faced 12 counts of historical sexual misconduct involving three complainants.
The court analyzed whether the accused were in a position of trust or authority towards the complainants under s. 153 of the Criminal Code.
The court found that the accused were not in a position of trust towards two of the complainants, resulting in the dismissal of several counts.
For the primary complainant, the court found a position of trust existed until she turned 16, but did not continue thereafter, leading to the dismissal of charges against the co-accused.
However, applying the W(D) framework, the court accepted the primary complainant's evidence regarding the principal accused and found him guilty of four counts of sexual misconduct.