Kevin McCallum

The accused was charged with two counts of obstruction of justice and two counts of intimidation of justice system participants after confronting individuals connected to sexual assault allegations against her spouse.

The Crown alleged the accused attempted to pressure witnesses to recant statements made to police.

The court found the accused engaged in aggressive conduct toward the father of one complainant, including repeated accusations of lying, threats of civil litigation, and emotionally charged statements intended to influence the complainant’s testimony.

The court concluded that this conduct constituted a wilful attempt to obstruct justice contrary to s. 139(2) of the Criminal Code.

However, the evidence relating to alleged intimidation and obstruction involving the accused’s daughter raised a reasonable doubt, and the accused was acquitted on those counts.

The offenders were convicted by a jury of aggravated assault arising from a two‑on‑one attack in a Toronto nightclub that resulted in serious facial injuries, including a broken jaw requiring surgery.

The Crown sought a custodial sentence of 18 months to two years less a day, while the defence proposed a 90‑day intermittent sentence.

The court considered the principles of proportionality and parity under ss. 718 and 718.2 of the Criminal Code, noting the unprovoked nature of the assault and the significant injuries as aggravating factors.

Mitigating factors included the offenders’ youth, stable employment, community support, and minimal or non‑violent criminal histories.

Emphasizing rehabilitation and the limited risk of reoffending, the court imposed intermittent custodial sentences rather than lengthy incarceration.