Ontario Court of Justice - Summary Conviction Offences - ONCJ

A police sergeant was convicted of assault causing bodily harm after a trial.

The Crown sought a 60-day conditional sentence, while the defence sought an absolute or conditional discharge with probation and community service.

The court imposed a conditional discharge with 18 months probation, 200 hours of community service, a $1,000 victim surcharge, and DNA databank inclusion.

The court balanced the seriousness of police misconduct and the need for denunciation and deterrence against the officer's exemplary 19-year career, unblemished record, and the out-of-character nature of the incident.

The accused pleaded guilty to assault causing bodily harm under section 267(b) of the Criminal Code.

The victim suffered severe facial injuries requiring major reconstructive surgery including multiple fractures and orbital floor reconstruction.

The court imposed a conditional discharge with three years of probation, a section 110 weapons prohibition for ten years, a DNA order, and a $100 victim fine surcharge.

The sentencing considered the serious nature of the injuries, the unprovoked nature of the assault, the accused's remorse, his completion of anger management counselling, his stable employment, and his prior conditional discharges.

The defendant was tried on five charges of assault and related offences against his domestic partner.

The charges included assault between January 1-25, 2015, and four counts arising from events on Christmas Eve 2015 (assault, assault with a weapon, weapons dangerous, and threat to cause death).

The defendant entered a guilty plea to one count of assault on December 24-25, 2015.

The court found the defendant guilty of two counts of assault (one in July 2015 and one on December 24, 2015) and acquitted him of the remaining three charges, particularly those involving the alleged use of a knife.

The accused was charged with theft of a cellphone, assault, unlawful confinement, and uttering a threat to kill.

The Crown proceeded on the assault, unlawful confinement, and threat charges after withdrawing the theft charge.

The trial involved evidence of a domestic dispute between the accused and the complainant, including video recordings of the initial interaction.

The accused raised a self-defence claim.

The court found the accused guilty of assault but acquitted on the unlawful confinement and threat charges, finding insufficient evidence beyond a reasonable doubt on those counts and determining that the self-defence claim failed on the assault charge.

The accused was charged with two counts of possession of a loaded firearm, two counts of possession of a firearm knowing its possession was unlawful, and one count of possession of a firearm obtained by crime, following a RIDE check that revealed two loaded firearms in a vehicle.

The Crown sought detention on secondary and tertiary grounds in a reverse onus bail hearing.

The court found that the accused had discharged his onus on both grounds and granted bail with strict conditions including house arrest, residence with his mother as surety, and a substantial pledge from a co-surety.

The defendant was charged with assault following an incident in a Toronto apartment.

Three independent witnesses observed from across the street what they described as the defendant repeatedly striking the complainant about the face and head.

The defendant and complainant testified that the incident involved only a heated verbal argument that escalated into brief physical contact, with the complainant pushing the defendant and the defendant restraining her without striking her.

The court resolved the credibility conflict by finding the three rooftop witnesses credible and reliable, concluding that their contextual remove from the parties enhanced rather than prejudiced their reliability.

The defendant was found guilty of assault, with the court rejecting any defence of self-defence as the force used was objectively excessive.