Nicole Stortini

Following conviction for sexual assault, the court imposed a 33-month custodial sentence on a first-time offender who penetrated a sleeping friend without consent.

The offender was 18 years old at the time of the offence.

The court applied the sentencing framework established in R. v. A.J.K., which establishes a presumptive range of three to five years for forced penetration.

The court found significant aggravating factors including the assault of a sleeping complainant despite her prior express objection to such contact, the breach of trust and friendship, exposure to disease and pregnancy, and the devastating impact on the complainant.

Mitigating factors included the offender's youth, lack of criminal history, genuine remorse, and pro-social background.

The court declined to impose a SOIRA order, finding the offender unlikely to reoffend.

The applicant, Sheldon Baylis, brought a sub-facial challenge to the validity of a search warrant, arguing that the Information to Obtain (ITO) contained omissions and misleading information.

The court reviewed the ITO, making several amplifications (additions of material facts) and excisions (removal of erroneous or misleading information).

Despite finding serious improprieties in the police officer's disclosure, including deliberate non-disclosure and misleading statements, the court determined that the amplified and excised ITO still provided reasonable and probable grounds for the warrant's issuance.

The court also considered its residual discretion to quash the warrant due to police misconduct but declined to do so, emphasizing the high threshold required for such an action, noting that some omissions actually benefited the applicant by weakening the grounds.

The application to quash the warrant was dismissed, and the warrant's validity was confirmed.

The Crown applied under s. 714.1 of the Criminal Code for the complainant to testify remotely via video link due to pandemic concerns and travel difficulties.

The defence opposed, citing concerns about trial fairness, the solemnity of the location (complainant's home), and technological reliability, especially given credibility was the central issue.

The court dismissed the application, finding insufficient information regarding the specific location and technology, and emphasizing that while remote testimony is encouraged, it must not compromise trial fairness, particularly when controversial evidence is involved and the application is opposed.

The accused was charged with nine criminal offences arising from events on June 18, 2017, including break and enter, theft and possession of a firearm, possession and theft of a laptop, and possession of stolen property (bicycle).

The Crown proceeded by indictment.

The accused brought a Charter application alleging breaches of sections 10(a) and 10(b) rights.

The court dismissed the Charter application, finding no investigative detention occurred and that police conduct was reasonable.

At trial, the court found the accused guilty of break and enter, possession of a firearm, theft of a firearm, and possession of stolen property (laptop).

The court dismissed charges relating to theft of the laptop and possession of the bicycle due to insufficient evidence.

Three counts of breach of recognizance were also dismissed as the Crown failed to prove the validity of the recognizance.

The appellant appealed a sexual assault conviction, arguing the trial judge erred in assessing credibility (W.(D.) test) and rejecting his testimony, and sought to introduce fresh evidence.

The appellate court dismissed the appeal, finding the trial judge's reasons for credibility findings were sufficient and that the fresh evidence was not diligent or material.

The accused, an Aboriginal woman, pleaded guilty to manslaughter after fatally stabbing her common-law spouse during an alcohol-fueled altercation.

The court considered Gladue principles, the accused's history of trauma and substance abuse, and the aggravating factor of spousal violence.

The court imposed a sentence of four years imprisonment, reduced to 657 days after pre-sentence custody credit, followed by three years of probation.

The defendant, Luigi Trinchi, facing a seven-count indictment for distributing fake emails with nude photographs, sought to admit third-party suspect evidence implicating Ms. Donna Bardy.

The Crown opposed the admission of this evidence during the trial.

The court applied the test for admissibility of third-party suspect evidence, requiring the defence to demonstrate a sufficient connection between the third party and the crime, showing motive, opportunity, and propensity.

The court found that the defendant met the evidential burden, ruling the evidence admissible for the trial proper.