Court of Justice

A youth charged with multiple counts of sexual assault, sexual interference, and assault involving four complainants.

The court addressed preliminary applications regarding video-recorded statements under section 715.1 of the Criminal Code and similar fact evidence.

The trial judge found the defendant guilty of three counts of assault (one involving B.B.C., one involving N.C., and one involving M.S.) and one count of sexual assault (involving M.K.).

The defendant was acquitted of all sexual assault and sexual interference charges except for the one sexual assault conviction.

The judgment emphasizes the distinction between credibility and reliability of witness testimony, particularly regarding young witnesses, and addresses concerns about evidence tainting through rumour and collusion.

A young person convicted of second-degree murder at age 17 was sentenced to 26.5 months secure custody followed by 36 months conditional supervision.

Upon release into the community in June 2012, the young person was subject to a Conditional Supervision Order (CSO).

In March 2013, the young person absconded from supervision for 168 days and was arrested on serious adult charges including armed robbery, aggravated assault, and drug trafficking.

A review hearing was held to determine whether the young person was in breach of the CSO and what remedy was appropriate.

The court found serious breaches and a significant increased risk to public safety, ordering the young person to serve the remainder of the sentence in custody.