Mr. Trbojevic

The accused, charged with sexual service and human trafficking offences, brought a motion for directions on whether he was required to bring an application under s. 276 of the Criminal Code before adducing evidence of the complainant's prior sexual activity.

The accused argued that s. 276 does not explicitly list sexual services or human trafficking offences.

The court conducted a statutory interpretation analysis, relying on recent Supreme Court of Canada jurisprudence, and concluded that the s. 276 regime does apply to these offences.

The accused was directed to bring a s. 276 application before adducing such evidence.

The offender was convicted of assault causing bodily harm after punching the victim in the jaw at a cottage party.

The victim sustained a broken jaw in four places, chipped teeth, and ongoing physical and psychological injuries.

The Crown sought six to nine months imprisonment, emphasizing denunciation and deterrence of vigilantism.

The defence sought a conditional discharge with community service or intermittent weekend jail time.

The court imposed four months incarceration followed by one year probation, finding that denunciation and general deterrence required jail time and that a conditional sentence was inappropriate despite being technically available.