Michelle K. Fuerst

The offenders pleaded guilty to second degree murder in the death of the male offender's ex-girlfriend.

The victim was attacked with a hammer in the driveway of her home.

The Crown and defence jointly submitted that both offenders should be sentenced to life imprisonment with no eligibility for parole for 14 years.

The court accepted the joint submission, finding it reflected the domestic nature of the murder as a significant aggravating factor, while recognizing the mitigating effect of the guilty pleas and the offenders' lack of prior criminal records.

The accused pleaded guilty to home invasion robbery involving a firearm.

The court accepted a joint submission from counsel, sentencing the accused as a first offender to 6 years in the penitentiary.

After applying credit for pre-trial custody, the remaining sentence to be served was 3.5 years.

Mandatory weapons prohibitions and DNA orders were also imposed.

The accused, a member of an outlaw motorcycle club, pleaded guilty to mischief over $5,000 for his role as a party in an ATM break-in.

The accused assisted co-perpetrators by deliberately distracting the store clerk.

The court accepted a joint submission, crediting the accused with 162 days of pre-sentence custody and imposing a suspended sentence with 12 months of probation.

The offender pleaded guilty to second-degree murder for the domestic homicide of his wife.

The court considered the mandatory life sentence and had to determine the period of parole ineligibility under section 745.4 of the Criminal Code.

Accepting a joint submission from the Crown and defence, the court set the parole ineligibility period at 12 years, noting the brutal nature of the attack, the profound impact on the victim's family, and the offender's lack of a prior criminal record and early guilty plea.

The defendant, C.W., was charged with second-degree murder or, alternatively, manslaughter, following the death of his 14-month-old niece, C.L., while she was in his care.

The Crown alleged that C.W. inflicted blunt force trauma to the child's head, possibly combined with violent shaking, due to stress and the child's crying.

C.W. testified that the injuries were caused by an accidental drop.

The court, applying the R. v. W.(D.) instruction, found C.W.'s testimony, despite inconsistencies and admitted lies, raised a reasonable doubt regarding his guilt.

Medical experts could not definitively exclude the possibility that the injuries, including a skull fracture, extensive retinal hemorrhages, and retinoschisis, were caused by an accidental fall from a caregiver's arms, acknowledging the evolving nature of medical knowledge in this controversial area.

The court concluded that the Crown failed to prove unlawful causation beyond a reasonable doubt and found the defendant not guilty.

The offender pleaded guilty to eleven counts of double doctoring and one count of fraud under $5000 after obtaining over 224 prescriptions for narcotics, primarily fentanyl, from 45 doctors over 34 months.

The offender, who became addicted to fentanyl following back surgeries, failed to disclose previous prescriptions to the prescribing physicians and defrauded the Ontario Drug Benefit Program.

The court emphasized denunciation and general deterrence, imposing a global sentence of 22 months in jail, less 12 months credit for strict bail conditions and pre-sentence custody, followed by 18 months of probation.

Zhi Xin Lin pleaded guilty to production and possession for trafficking of ketamine.

The court considered aggravating factors including the large-scale commercial operation, the harmful nature of ketamine, and the residential location of the illegal lab.

Mitigating factors included his first offender status, guilty plea, cooperation with police, remorse, and impending deportation.

The court accepted a joint submission for a 10-year sentence, applying credit for pre-sentence custody and minimal credit for time under house arrest due to lack of information on its impact.

A net sentence of 9 years and 4 months was imposed.

A criminal trial for second-degree murder resulted in a finding of not criminally responsible on account of mental disorder (NCRMD).

The accused, suffering from schizophrenia, committed a fatal stabbing while experiencing severe delusions and hallucinations, believing the victim was possessed by a demon.

Expert psychiatric testimony, accepted by the court, established that the accused was incapable of appreciating the nature and quality of the act or knowing it was morally wrong under s. 16 of the Criminal Code.

The matter was referred to the Ontario Review Board for disposition.

Clyde Sollows pleaded guilty to second-degree murder of his 76-year-old father, Walter Sollows.

The court considered aggravating factors including the victim's age, the breach of trust, and elements of planning and deliberation, alongside mitigating factors such as the guilty plea, cooperation with police, and the history of abuse by the father.

The joint submission for a parole ineligibility period of seventeen years was accepted, along with a DNA order and weapons prohibition orders.

Fabricio Calderon was sentenced for a home invasion involving the assault of residents and intent to steal.

Despite going to the wrong address, serious injuries were inflicted.

The court considered the objectives of sentencing for home invasions (protection, general deterrence, denunciation) and specific deterrence given the defendant's extensive criminal record.

Aggravating factors included the nighttime perpetration, weapon use, reference to a gun, severe victim injuries, high planning, group enterprise, and the defendant's prior armed robbery conviction and lifetime weapons prohibition.

Mitigating factors were a guilty plea and an apology.

The court imposed an 8-year penitentiary term, reduced by 45 months for pre-sentencing custody, leaving 51 months to serve, concurrent on another count.

Non-communication, DNA, and lifetime weapons prohibition orders were also issued.

The accused pleaded guilty to dangerous driving causing bodily harm after passing a vehicle, running a stop sign, and colliding with another vehicle while having alcohol in his system.

The victim suffered a broken collar bone and permanent shoulder impairment.

The court accepted a joint submission, sentencing the accused to 90 days of intermittent imprisonment, probation, and a one-year driving prohibition.

The accused, an inmate at a correctional centre, pleaded guilty to aggravated assault after viciously attacking his cellmate while intoxicated on 'home brew'.

The victim suffered significant injuries including facial fractures.

The court weighed the multiplicity of aggravating factors, including the accused's prior record and the vulnerability of the confined victim, against the mitigating factor of the guilty plea.

Applying the principle of totality, the court imposed a sentence of 4 years consecutive to the sentence the accused was already serving, less 18 months credit for pre-sentence custody, resulting in a net sentence of 2.5 years consecutive.

The Crown sought to admit a video statement made by the accused, Chak-Lam Wong, in a second-degree murder trial concerning the death of his 14-month-old niece.

The defence contested its admissibility, arguing it was not voluntary due to inadequate cautioning, misleading information from police regarding the right to silence, and an accusatorial interview style, despite the accused not being under arrest or detention.

The court found that Wong was objectively a suspect at the time of the interview and was not properly cautioned.

Despite speaking with duty counsel, the police officer's erroneous advice about the right to silence created confusion and misled Wong about his jeopardy.

Considering the totality of the circumstances, including the prolonged and aggressive questioning, the court found a reasonable doubt as to the voluntariness of the statement and dismissed the Crown's application for its admission.

The offender was sentenced for sexual assault against a victim who was his adopted sister, having joined the family at age 13.

The offence occurred when the victim blacked out after drinking with the offender and woke to find him touching her.

The court considered the familial breach of trust as a significant aggravating factor and the offender's first offender status and guilty plea as mitigating factors.

A joint submission for sentencing was accepted.

The offender pleaded guilty to aggravated assault following an unprovoked attack on an older victim.

The offender, who has a history of schizophrenia, sought enhanced pre-sentence custody credit beyond the standard 1.5 to 1 ratio due to time spent in segregation.

The court accepted a joint submission for a 5-year sentence.

The court declined to award enhanced credit, noting a lack of jurisdiction absent a Charter challenge, and finding that the offender's time in segregation was largely at his own request and did not constitute particularly harsh treatment.

The offender pleaded guilty to possession of cocaine for the purpose of trafficking after acting as a delivery person for two suitcases containing two kilograms of cocaine.

He admitted to wilful blindness regarding the contents.

The offender fled the country while on bail but voluntarily returned years later due to his mother's terminal illness.

The court weighed the significant aggravating factors, including the large quantity of drugs and his flight from justice, against mitigating factors such as his guilty plea, lack of related record, and family circumstances.

The offender was sentenced to five years in jail.

The accused, a 21-year-old first offender, pleaded guilty to robbery, possession of an unlicensed shotgun, and pointing a firearm following a home invasion.

The accused and two accomplices entered a residence armed with loaded firearms, a baton, and pepper spray, assaulting the occupants.

While on bail, the accused cut off his GPS ankle bracelet and absconded, leading to a conviction for breach of recognizance.

The court sentenced the accused to a global term of 5 years in the penitentiary, emphasizing denunciation and deterrence for violent home invasions.

The court partially denied enhanced credit for pre-sentence custody due to the flagrant bail breach, resulting in a net sentence of 3 years and 20 days.

The applicant pleaded guilty to robbery and firearm offences and awaited sentencing.

He brought a constitutional challenge against the bail misconduct exclusion in s. 719(3.1) of the Criminal Code, which restricts pre-sentence custody credit to a 1:1 ratio for offenders whose bail was cancelled due to misconduct.

The applicant argued the provision violated s. 7 of the Charter.

The court found that the provision engages the liberty interest and is overbroad, as it captures individuals whose misconduct does not render them a threat to public safety.

The Crown conceded the infringement could not be saved under s. 1.

The court declared the bail misconduct prong of s. 719(3.1) of no force and effect.

The accused pleaded guilty to manslaughter, interfering with a dead body, and possession of child pornography.

The manslaughter and interference charges stemmed from a 1978 cold case where the accused shot an intruder in his home and, with his father's help, disposed of the body.

The accused confessed to the police in 2012.

The court weighed the aggravating factors, including the use of a firearm and the 34-year concealment, against mitigating factors such as the accused's confession and guilty plea.

The court imposed a global sentence of 8.5 years, reduced to 27 months after crediting pre-sentence custody.

The accused, charged with second degree murder following a vehicular confrontation with a pedestrian, applied for release on bail pending trial.

The Crown conceded that the accused met his onus on the primary, secondary, and tertiary grounds for detention.

The court granted the application and ordered the accused's release on a $200,000 recognizance with strict conditions, including house arrest and supervision by named sureties, to maintain public confidence in the administration of justice.