M. Simrod

The appellant was convicted of impaired operation and failing to remain, receiving an 18-month driving prohibition.

She applied for a stay of the driving prohibition pending her summary conviction appeal.

The court applied the three-part test for a stay, finding that the appeal based on circumstantial evidence was not frivolous, the appellant would suffer hardship due to her employment requirements, and she would not pose a danger to the public as a first-time offender.

The application was granted with a condition of zero blood alcohol while driving.

The accused was charged with sexual assault and sexual interference involving a complainant under 16.

The Crown relied primarily on the complainant’s testimony and supporting evidence from the complainant’s mother, including an alleged admission by the accused and observations of blood following the alleged assault.

The court found serious credibility and reliability concerns with both witnesses, including significant inconsistencies and the complainant’s change of the alleged date of the assault by several years.

The court held that the Crown failed to establish the allegations beyond a reasonable doubt.

The accused was acquitted of both charges.

Four young persons were charged with the first-degree murder of a sixteen-year-old victim who was shot and killed in a residential building staircase.

The Crown alleged that the accused lured the victim into the staircase as part of a planned and deliberate execution, relying heavily on surveillance video and extensive text message evidence containing gang slang.

The court found three of the accused guilty as joint principals or aiders, concluding they orchestrated and executed the plan.

The fourth accused was found not guilty, as the evidence raised suspicions but failed to prove his involvement beyond a reasonable doubt.