J. Flaherty

The accused physician was charged with one count of sexual assault against a patient.

The complainant alleged the accused inserted his hand into her vagina without consent following a medical examination.

The trial judge found significant credibility and reliability issues with the complainant's testimony, including inconsistent statements about how she obtained newspaper articles about the accused, a refusal to answer questions during cross-examination, and the unavailability of her personal notes.

Applying the W.(D.) principles, the court concluded the prosecution failed to prove the case beyond a reasonable doubt and acquitted the accused.

The defendant, a club promoter, was charged with multiple counts of sexual interference and sexual assault involving two underage complainants.

The central issues at trial were the credibility of the witnesses, the defendant's assertion of the mistake of age defence for the sexual interference charges, and the defence of honest but mistaken belief in communicated consent for the sexual assault charges.

The court rejected the defendant's evidence, finding he was wilfully blind or reckless regarding the complainants' ages and failed to take reasonable steps to ascertain their ages.

The court also rejected the defence of mistaken belief in consent, finding the defendant engaged in sexual acts without the complainants' consent.

The defendant was found guilty on all counts.

The accused sought a review of his detention order pursuant to s. 525 of the Criminal Code.

He faced multiple charges across different regions, including weapons offences and breaches of release conditions.

The court found that the accused lacked insight into his mental health issues and was unlikely to comply with the proposed release plan involving a mental health support organization.

The court concluded there was a substantial likelihood the accused would reoffend if released, and that his continued detention was necessary for public safety.

The application was dismissed.

The offender pleaded guilty to possessing a loaded prohibited firearm, robbery with a firearm, and possession of a firearm while prohibited.

The offences occurred when the offender and an accomplice robbed a victim of a gold chain on a busy street, during which the firearm was discharged.

The court weighed the offender's significant criminal record and the aggravating factors of gun violence in a public place against mitigating factors including a guilty plea, remorse, and harsh pre-sentence custody conditions.

A global sentence of 9 years was imposed, reduced by 57 months for pre-sentence custody and harsh conditions.