L. Jorgensen

The accused pleaded guilty to aggravated assault after stabbing the victim multiple times with a kitchen knife.

At the time of the offence, the accused was on parole serving a life sentence for second-degree murder.

The court considered the accused's schizophrenia as a mitigating factor, but emphasized the need for protection of the public and general deterrence given the brutal and unprovoked nature of the attack on a vulnerable victim.

The accused was sentenced to 8 years imprisonment, to be served concurrently with his existing life sentence.

The applicant sought a stay of proceedings and exclusion of evidence under ss. 7, 11(d), and 24 of the Charter due to lost police evidence, including a photo line-up video and photos/videos of a search warrant execution at his apartment.

The court dismissed the application, finding that a stay or exclusion of evidence was not warranted.

Instead, the court held that less intrusive remedies were appropriate, such as prohibiting the Crown from arguing the applicant was identified in the photo line-up and allowing the absence of the search evidence to be considered in assessing reasonable doubt.