Michael Mavraganis

The accused was found guilty of communicating with a person under 14 for the purpose of facilitating child pornography.

Prior to sentencing, the accused brought an application for a stay of proceedings under s. 11(b) of the Charter, alleging unreasonable delay.

The court applied the transitional framework from Jordan and the Morin guidelines, finding a total delay of 47 months after deducting defence delay.

The Crown failed to establish exceptional circumstances to justify the delay exceeding the 30-month ceiling.

The court concluded the accused's rights were violated, quashed the conviction, and entered a stay of proceedings.

The offender was sentenced for multiple offences arising from a domestic confrontation and subsequent police pursuit, including assaults on three complainants (one causing bodily harm and permanent injury), breaches of release conditions, dangerous driving, failure to stop for police, assaulting a police officer with a motor vehicle, and operating a motor vehicle while over the legal alcohol limit.

The court emphasized denunciation and deterrence, particularly for intimate partner violence and the deliberate ramming of police vehicles during a high‑risk pursuit.

Mitigating factors included the offender’s guilty pleas to several counts, lack of a prior criminal record, expressions of remorse, and positive rehabilitative efforts following arrest.

Applying the totality principle, the court structured consecutive and concurrent sentences across multiple counts.

The global sentence was set at 30 months’ imprisonment, reduced to 27 months after credit for pre‑trial custody.

Following a multi-count criminal trial involving assault allegations and a police pursuit, the accused was found guilty of several offences arising from a violent altercation with three complainants and subsequent driving conduct while evading police.

The court accepted the complainants’ evidence that the accused punched them during a confrontation at a residence, including causing bodily harm to one complainant whose injuries included a broken nose requiring medical treatment and resulting in permanent loss of smell.

The accused was also convicted of multiple offences related to a high-speed police chase, including dangerous driving, failure to stop for police, assaulting a police officer with a motor vehicle, and operating a vehicle with blood alcohol exceeding the legal limit.

The court rejected the accused’s version of events regarding the assaults and found his conduct a marked departure from the standard of care expected of drivers.

Some counts were stayed, dismissed, or resulted in acquittals where the Crown failed to prove essential elements beyond a reasonable doubt.