Mallory Elaine Allan

The accused, charged with sexual assault and assault, brought an application alleging his right to be tried within a reasonable time under s. 11(b) of the Charter was infringed.

The total delay from the swearing of the information to the end of the trial was 713 days.

The court deducted 303 days of defence-caused delay, resulting in a net delay of 410 days, which fell below the 18-month presumptive ceiling for the Ontario Court of Justice.

The court also found that exceptional circumstances, including the COVID-19 pandemic and unexpected illnesses, justified the delay.

The application for a stay of proceedings was dismissed.

The accused was charged with three counts of sexual assault and two counts of assault involving three different complainants he met on a dating app.

The core issue was credibility, as the accused denied the assaults and claimed the sexual acts were either consensual or did not occur.

The court applied the W.(D.) framework and found the accused's testimony to be inconsistent, evasive, and unbelievable.

The court accepted the evidence of the three complainants, finding striking similarities in their accounts of the accused forcing anal intercourse without consent.

The accused was found guilty of three counts of sexual assault and one count of assault, while one count of assault was dismissed due to reasonable doubt.

The accused pleaded guilty to four counts of bank robbery and one global count of wearing a disguise with intent to commit an indictable offence.

He was sentenced for robbing six different banks and one attempted robbery over a period of approximately one month.

The offences were sophisticated, pre-planned, and involved the use of stolen vehicles and disguises.

The total amount stolen was $104,800.36, with net losses to the banks of $93,190.36.

The accused was a 20-year-old first offender with no prior record, from a supportive family background, and demonstrated significant potential for rehabilitation.

The court balanced the extremely serious nature of the offences and substantial victim impact against the accused's youth, lack of record, and mitigating circumstances.

The court imposed a sentence of four years and two months incarceration, with a restitution order and ancillary orders including a lifetime weapons prohibition and DNA order.

A young person was charged with sexual assault of a complainant at a Halloween party.

The Crown's case relied on hearsay evidence from two witnesses who claimed the defendant confessed to non-consensual sexual contact.

The defendant testified that the sexual contact was consensual, initiated by the complainant's invitations and physical actions.

The court found significant credibility issues with the Crown's witnesses, including evidence of bias, contamination from post-incident discussions, and inconsistencies in their accounts.

The court also identified substantial gaps and inconsistencies in the complainant's memory of events.

The defendant was acquitted.