Michelle McKay

The accused pleaded guilty to sexual interference with his three-year-old daughter, possession of child pornography, and making child pornography.

The Crown sought 15 years imprisonment; the defence sought 10 years.

The court imposed a sentence of 12 years imprisonment (7 years for sexual interference, 2 years consecutive for possession, and 3 years consecutive for making child pornography), with credit for 677 days of pre-trial custody.

The court found the breach of trust profound, the victim extremely young, and the collection of 19,130 child pornography images highly aggravating.

The court recognized the accused's genuine remorse and guilty plea as significant mitigating factors but found insufficient insight into his offending behaviour.

Ancillary orders were imposed including SOIRA registration, DNA order, forfeiture of devices, and a section 161 order for 20 years.

The offender pleaded guilty to manslaughter in connection with the shooting death of a 17-year-old victim during a drug-related dispute, and to possession of fentanyl for the purpose of trafficking.

The court imposed a global sentence of 10 years' imprisonment less credit for 750 days of presentence custody, broken down as 8.5 years for manslaughter and 1.5 years consecutive for the drug trafficking offense.

The court considered sentencing ranges, aggravating factors including the use of a firearm and the insidious nature of fentanyl, and mitigating factors including the offender's guilty pleas, lack of prior criminal history, and harsh conditions in presentence custody.

The court considered whether police infringed the accused’s rights under sections 10(a) and 10(b) of the Charter by delaying the right to counsel and failing to promptly inform him of increased jeopardy after a search revealed drugs and a gun.

The court found breaches of both rights but concluded, after a Grant analysis, that the evidence should not be excluded.

The application to exclude the evidence was dismissed.

The accused was charged with voyeurism, extortion, sexual assault causing bodily harm, sexual assault (choking), and forcible confinement.

The Crown entered an acquittal for uttering threats.

The court assessed the credibility of the complainant and the accused, finding the complainant generally credible and her account supported by physical evidence, while the accused's testimony was unreliable and intentionally dishonest on material issues.

The court found the accused guilty of voyeurism, extortion, sexual assault causing bodily harm, sexual assault (choking), and forcible confinement.