Marney Mazurski

The accused was charged with multiple historical sexual offences against twin sisters who frequented his convenience store when they were youths.

The court found the evidence insufficient to prove beyond a reasonable doubt that sexual contact occurred before the complainants turned 14, or that one of the complainants was sexually assaulted.

However, the court found that the accused was in a position of trust towards one of the complainants when they began a sexual relationship after she turned 14.

As a result, her consent was legally irrelevant, and the accused was found guilty of sexual exploitation.

The accused applied for a change of venue for a new jury trial after her previous conviction for second degree murder was set aside and a new trial ordered.

Both the defence and the Crown agreed that a change of venue from the original judicial district was necessary due to extensive media publicity surrounding the case.

The dispute concerned the appropriate venue, with the accused seeking either Pembroke or Ottawa while the Crown proposed Sudbury.

The court weighed factors including witness convenience, community impartiality, the accused’s financial hardship, and trial scheduling.

Balancing these considerations, the court held that the interests of justice favoured transferring the trial to Ottawa.

Sentencing following convictions for multiple sexual offences against a minor in a familial relationship.

The offender sexually abused his common-law stepdaughter over a prolonged period between the ages of 10 and 18, escalating from touching to sexual intercourse.

The court emphasized denunciation and deterrence as the primary sentencing objectives in cases involving sexual abuse of children and rejected the defence request for a conditional sentence.

Aggravating factors included abuse of trust, the victim’s age, and the devastating impact on the victim and family.

A penitentiary sentence was imposed despite mitigating factors such as the offender’s lack of criminal record and advanced age.