L. Brock

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.

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.

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.