L. Afolabi

The accused was charged with carrying a weapon for a purpose dangerous to the public peace and carrying a concealed weapon following an early morning altercation with his romantic partner.

An eyewitness intervened and testified that the accused produced a small knife from his pants and pointed it at him.

The accused denied having a knife and claimed the altercation was purely verbal on his part.

The court rejected the accused's testimony, found the eyewitness credible, and concluded beyond a reasonable doubt that the accused possessed and pointed the knife.

The accused was found guilty of both charges.

The offender was convicted by a jury of sexual interference involving a child under the age of 16, with the sexual assault count conditionally stayed under the Kienapple principle.

The court determined at sentencing that the evidence established two incidents of sexual touching of a very young child but that the Crown had not proven beyond a reasonable doubt that the offences occurred after legislative amendments increasing the mandatory minimum penalty.

Applying sentencing principles emphasizing denunciation and deterrence for offences involving abuse of children and breach of trust, the court considered aggravating factors including the victim’s age and the offender’s position of trust, as well as mitigating factors such as the offender’s lack of criminal record, positive background, and some indications of remorse.

After reviewing comparative authorities, the court concluded that a custodial sentence of 14 months was appropriate, followed by probation and several ancillary orders including SOIRA registration and a weapons prohibition.