M. Pierce

The offender pleaded guilty to robbery and aggravated assault following a violent home invasion where the victim was handcuffed and beaten with a baton and BB gun.

The court accepted a joint submission, sentencing the offender to five years in the penitentiary, reduced to three years after applying credit for pre-trial custody, strict bail conditions, and the impact of the COVID-19 pandemic.

The accused was charged with two counts of assault and one count of threatening death arising from incidents in January 2017 involving his then-wife.

The Crown alleged that during an argument over the complainant's infidelity, the defendant grabbed the complainant by the neck on one occasion and by the arm on another, causing a bruise, and threatened to kill her male friend from Trinidad.

The defendant denied the allegations, claiming he only touched the complainant's shoulder lightly and snatched her phone.

The court found the complainant generally credible and her daughter to be the most reliable witness.

The court convicted on one count of assault causing the bruise but dismissed the remaining counts due to lack of corroboration and uncertainty regarding the other allegations.

At a preliminary inquiry, the Crown sought to commit three accused for trial on charges arising from the death of Dionecio Nelson on July 2, 2015.

Nathaniel Findley and Andrew Mitchell were charged with second degree murder in Nelson's death; Mitchell also faced two assault with a weapon charges.

Rayanne Mehdi was charged with accessory after the fact.

The Crown's case relied on circumstantial evidence establishing that Findley and Mitchell were the occupants of a vehicle that stopped after nearly hitting Nelson, leading to a violent altercation in which Nelson was fatally stabbed multiple times.

The preliminary inquiry judge found reasonable inferences available to a jury that Findley and Mitchell acted as co-perpetrators in a joint enterprise to assault Nelson, knowing that death was a probable consequence.

Findley was committed to stand trial on second degree murder; Mitchell and Mehdi conceded committal on their respective charges.

This is a preliminary inquiry decision arising from Project Bermuda, a Durham Regional Police investigation into cocaine trafficking.

Four accused were charged with various drug trafficking, firearm, and proceeds of crime offences.

The Crown proceeded on numerous counts with some concessions by defence counsel.

The judge applied the Shephard test to determine whether sufficient evidence existed to commit each accused to trial.

The decision addresses key legal principles regarding possession, conspiracy, voice identification, and the scope of preliminary inquiries.

Multiple counts were dismissed for insufficient evidence, while others proceeded to trial.