D. Slessor

Following a judge-alone trial on a sexual assault charge arising from a sexual encounter arranged through a dating application, the court acquitted the accused.

The central issue was whether the Crown proved beyond a reasonable doubt that the complainant did not consent to the impugned sexual acts, including biting, slapping, choking, and related conduct during an otherwise consensual encounter.

Applying the principles governing reasonable doubt, witness assessment, and the law of consent, the court found the accused to be a credible and reliable witness whose evidence left a reasonable doubt on the complainant's lack of consent.

An acquittal was entered.

The accused was tried on a sexual assault charge arising from a sexual encounter arranged through a dating application.

The central issue was whether the Crown proved beyond a reasonable doubt that the complainant did not consent to specific sexual acts during an otherwise acknowledged sexual encounter, and whether the accused could rely on communicated consent.

Applying the reasonable doubt framework and the governing consent principles, the court preferred significant portions of the accused’s detailed evidence about ongoing questions and responses during the encounter.

The court found the accused’s evidence raised a reasonable doubt on the issue of non-consent and entered an acquittal.

The accused was charged with historical assault, sexual assault, and forcible confinement against his former spouse.

The trial centered on the credibility and reliability of the complainant and the accused, as there was no corroborating evidence.

Although the trial judge found the complainant to be largely credible, significant reliability concerns arose regarding her memory, including 'memory blocking' and delayed disclosure.

Applying the W.(D.) framework, the court concluded that the Crown failed to prove the charges beyond a reasonable doubt.

The accused was acquitted on all counts.

The accused pleaded guilty to two counts of robbery committed at night against vulnerable victims using bear spray.

The accused had a prior conviction for robbery resulting in a significant penitentiary sentence.

Accepting a joint submission, the court sentenced the accused to 5 years in the penitentiary, less 430 days of pre-sentence custody credit, leaving 3 years and 300 days to serve concurrently on both counts.

The offender was found guilty of second degree murder after beating the victim to death with a baseball bat.

The Crown sought a 14-year parole ineligibility period, arguing the offence was akin to a domestic homicide because the victim was dating the offender's former partner.

The court rejected the domestic homicide categorization.

After considering the offender's Aboriginal heritage, Gladue factors, health issues, and the jury's recommendations, the court imposed a life sentence with no parole eligibility for 10 years.

On a Crown application in a murder prosecution, the court considered whether statements made during a late-night custodial interview were voluntary.

Applying the voluntariness framework and the jurisprudence on persistent police questioning, the court held that the cumulative circumstances — including an improper strip search, repeated complaints of cold, minimal food, serious medical condition, fatigue, and continued questioning after the accused said he did not want to speak — created oppression.

The Crown failed to prove beyond a reasonable doubt that the statements were voluntary or the product of a free operating mind.

The application to tender the statement for use if the accused testified was dismissed.

The accused was found guilty by a jury of second degree murder, aggravated assault, and committing aggravated assault with a weapon following a home invasion where the victim was killed with a shotgun.

The court considered the jury's recommendations for parole ineligibility, the aggravating factor of a prior first degree murder conviction two weeks prior, and the violent nature of the execution-style killing.

The accused was sentenced to life imprisonment without parole for 25 years for second degree murder, with concurrent sentences for the assault charges.