Michelle K. Fuerst

The accused pleaded guilty to multiple offences arising from the possession of a loaded handgun found under a pillow in his bedroom.

At the time, he was bound by a weapons prohibition order and had a previous criminal record including firearms offences.

The court accepted a joint submission for a sentence of five years' imprisonment.

After applying credit for pre-trial custody, the accused was sentenced to 28 months going forward, along with a lifetime weapons prohibition, a DNA order, and an $800 victim surcharge.

The offender pleaded guilty to robbery, being masked with intent, and possession of a weapon after participating in a planned jewellery store robbery on Halloween night.

The court weighed the gravity of the offence, which involved a firearm and disguises, against the offender's youth, lack of prior record, and guilty plea.

The court imposed a penitentiary sentence of 3 years for the robbery, less 7 months credit for pre-trial custody and strict bail conditions, resulting in a net sentence of 2 years and 5 months, along with concurrent sentences for the remaining charges.

Richard Dowdell pleaded guilty to second-degree murder.

The court determined the parole ineligibility period, considering aggravating factors such as the victim's vulnerability, the home invasion, and the brutal nature of the attack, alongside mitigating factors including the offender's immediate admissions, guilty plea, remorse, and long-standing mental illness (Bipolar disorder with psychosis).

The court balanced denunciation, deterrence, and the offender's mental state, ultimately imposing a life sentence with parole ineligibility for 12 years, rejecting the Crown's request for 14 years.

The offender pleaded guilty to two counts of robbery of gas stations and one count of breach of undertaking.

During both robberies, the offender disguised herself and pretended to have a firearm.

The court considered the offender's aboriginal background, drug addiction, and mental health issues, as well as the aggravating factors of committing the offences while on probation and release.

The court imposed a global sentence of 30 months in custody, less pre-sentence custody credit.

Ertug Direkoglu pleaded guilty to multiple counts of commercial drug trafficking.

The court accepted a joint submission from the Crown and defence, sentencing Direkoglu to a global term of eight years in jail, less three years pre-trial custody credit, leaving five years to be served concurrently to an existing sentence.

Aggravating factors included a lengthy criminal record dating back to 1993, indicating prior involvement in the drug trade.

Mitigating factors included the guilty pleas, which demonstrated remorse and saved significant court time, and the availability of family support upon release.

The sentence also included a lifetime s. 109 weapons prohibition order, a DNA order on specific drug counts, and a $200 victim surcharge.

Steven Byford pleaded guilty to aggravated assault of Darryl MacDougall, his mother's domestic partner, following a domestic argument where Byford stabbed MacDougall three times with a steak knife.

The court considered aggravating factors including the use of a weapon, multiple stab wounds, and the domestic context, alongside significant mitigating factors such as Byford's guilty plea, youth, lack of prior record, positive pre-sentence report, and low risk of reoffending.

The court imposed a custodial sentence of 16 months in jail, followed by two years of probation, a DNA order, and a weapons prohibition order, balancing denunciation and deterrence with the offender's rehabilitative potential and psychological vulnerabilities.

A 17.5-year-old young person pleaded guilty to second-degree murder.

The court was tasked with determining whether to impose an adult or youth sentence under the Youth Criminal Justice Act (YCJA).

The Crown sought an adult sentence of life imprisonment, while the defence argued for a youth sentence comprising time served and conditional supervision.

The court considered the seriousness of the offence, the young person's background (including a toxic relationship with the victim, substance abuse, and the impact of her mother's death), and her significant rehabilitative progress while in custody.

Professional assessments unanimously recommended a youth sentence, citing the young person's developmental vulnerability and the potential negative impact of an adult correctional facility.

Applying the YCJA's principles of accountability, rehabilitation, and reintegration, the court found that a youth sentence of sufficient length would hold the young person accountable.

Consequently, the Crown's application for an adult sentence was dismissed, and a youth sentence of seven years was imposed, consisting of four years in custody (crediting three years for pre-sentencing detention plus one additional year) followed by three years of conditional supervision, along with a weapons prohibition order.

This decision outlines the sentencing of Erik Johnson for a serious violent offence that resulted in life-threatening injuries to the victim.

The court considered aggravating factors, including the offender's extensive criminal record with prior violence and issues with self-control.

Mitigating factors included a guilty plea, expressed remorse, and efforts to address substance abuse.

A high-end reformatory sentence of 19 months in jail was imposed, with credit for 12 months of pre-sentencing custody, followed by 18 months of probation with specific conditions, a DNA order, and a weapons prohibition order.

The accused, Erik Johnson, was sentenced for a serious offence that caused life-threatening injuries to the victim.

The court considered the accused's long criminal record, including previous acts of violence, as an aggravating factor, noting issues with self-control and anger.

Mitigating factors included a guilty plea, expression of remorse, and efforts to address a substance abuse problem.

The court imposed a high-end reformatory sentence of 19 months in jail, with credit for 12 months of pre-sentencing custody, followed by 18 months of probation with specific conditions, a DNA order, and a weapons prohibition order.

The offender pleaded guilty to four counts of impaired driving causing death and two counts of impaired driving causing bodily harm after running a stop sign at excessive speed with a blood alcohol concentration nearly three times the legal limit.

The collision killed three young children and their grandfather, and injured two other family members.

The court weighed the offender's early guilty plea, lack of criminal record, and good character against the extreme gravity of the offence and high moral blameworthiness.

Emphasizing denunciation and general deterrence, the court imposed a total sentence of 10 years' imprisonment and a 12-year driving prohibition.

The accused pleaded guilty to aggravated assault, threatening death, unlawful confinement, and mischief over $5,000 following a prolonged attack on his former intimate partner in her home.

The court accepted a joint submission, sentencing the accused to two years in the penitentiary in addition to three years and 64 days of pre-sentence custody credit, followed by three years of probation.

The accused pleaded guilty to robbery for acting as the getaway driver in the armed robbery of a retail store.

The perpetrator stole $65,000 worth of cell phones and $7,600 in cash.

The accused was aware of the robbery but did not know a weapon would be used.

Accepting a joint submission, the court sentenced the accused to two years in the penitentiary followed by three years of probation, noting his role, the planning involved, and his status as a first-time offender.

The offender pleaded guilty to robbery and use of an imitation firearm after robbing an escort in her motel room.

The court considered numerous aggravating factors, including the vulnerability of the victim, the use of an imitation firearm, and the fact that the offender was on statutory release for similar offences.

The court sentenced the offender to a total of 3 years and 1 day in the penitentiary, granting enhanced credit of 1.5:1 for pre-sentence custody due to frequent institutional lock-downs.

The accused pleaded guilty to two counts of robbery committed at night against vulnerable victims using bear spray.

The accused had a prior conviction for robbery resulting in a significant penitentiary sentence.

Accepting a joint submission, the court sentenced the accused to 5 years in the penitentiary, less 430 days of pre-sentence custody credit, leaving 3 years and 300 days to serve concurrently on both counts.

The accused pleaded guilty to conspiracy to commit the murders of two victims in a planned home invasion arranged by a third party seeking the deaths of her parents.

The accused played a pivotal role by recruiting a shooter, arranging transportation, and driving armed participants to the residence while coordinating entry.

The conspiracy culminated in execution-style shootings that killed one victim and seriously injured the other.

The court emphasized denunciation and deterrence given the calculated nature of the plot and the accused’s extensive firearms record and prior murder conviction.

The accused was sentenced to 18 years’ imprisonment concurrent to an existing life sentence, with no credit for pre-sentence custody and with delayed parole eligibility requiring service of half the sentence.

The accused pleaded guilty to multiple offences, including sexual assault, physical assault, and break and enter, committed against his intimate partner over several years.

The court accepted a joint submission for a global sentence of seven years' imprisonment.

After applying credit for pre-sentence custody, the accused was sentenced to 33 months in the penitentiary, along with ancillary orders including a DNA order, a lifetime SOIRA order, a weapons prohibition, and a non-communication order.

The offender pleaded guilty to fraud over $5,000 involving more than 30 victims and losses totalling approximately $285,234 over a four‑year period.

Many victims were seniors who paid for doors, windows, renovation work, or loans that were never delivered or repaid.

The court emphasized that large‑scale fraud is a serious offence where general and specific deterrence and denunciation are paramount.

Aggravating factors included the duration of the scheme, the number and vulnerability of victims, the calculated conduct, and the absence of restitution.

The court imposed a penitentiary sentence of two years and issued a stand‑alone restitution order but declined to impose probation or a DNA order.

Sentencing following guilty pleas to sexual assault of the offender's spouse and sexual interference involving multiple child victims within the family.

The court emphasized denunciation and deterrence as the dominant sentencing principles for serious sexual offences against children, while also considering aggravating factors including multiple victims, abuse of trust, intrusive sexual acts, and lasting emotional harm.

Mitigating factors included the guilty plea, expressions of remorse, willingness to engage in treatment, and family support.

The court accepted the joint submission and imposed a 4-year penitentiary sentence, concurrent on the second count, less 3 days' credit, together with DNA, lifetime SOIRA, a 3-year s. 161 order, and a s. 743.21 non-communication order.

An innocent third party sought the return of $1.3 million allegedly provided to a lawyer for investment purposes and deposited into a bank account later restrained as offence-related property and proceeds of crime.

The court held that the Criminal Code permits such a third party to seek relief in the Superior Court before any conviction or forfeiture hearing, under both the offence-related property and proceeds of crime restraint provisions.

However, because the funds had been commingled in a heavily used account and the evidentiary record did not establish that no other person appeared lawfully entitled to the frozen funds, immediate release was not ordered.

The application was adjourned sine die to permit notice to possible claimants and more particularized evidence about the account transactions.

Sentencing following guilty pleas to multiple counts of sexual assault, sexual interference, and sexual touching against two teenaged family members over a period of years.

The court held that denunciation, deterrence, and separation from society were paramount given the victims' ages, the offender's position of trust, the repeated and intrusive nature of the abuse, and the profound emotional harm caused.

Mitigating factors included the guilty pleas, lack of prior record, waiver of the preliminary hearing, expressions of remorse, and willingness to pursue counselling.

A joint submission was accepted and a custodial sentence of three years, less enhanced credit for pre-sentence custody, followed by 18 months' probation and ancillary orders, was imposed.