P. Brissette

Following a jury trial, the accused was found guilty of four counts of possession for the purpose of trafficking.

One week after the jury was discharged, a juror sent a letter to the court expressing doubts about her verdict and describing feeling pressured during deliberations.

The accused applied for a mistrial based on this letter.

The court dismissed the application, holding that the contents of the letter were inadmissible under the common law rule of judicial secrecy, as they related to the internal deliberation process rather than extrinsic influences.

Furthermore, the court held it was functus officio and lacked jurisdiction to declare a mistrial after the verdict had been recorded and the jury discharged.

The offender was found guilty of sexual assault and touching for a sexual purpose against his step-daughter, which occurred repeatedly over a four-year period when she was between nine and twelve years old.

The Crown sought a penitentiary sentence of four to five years, while the defence argued for a reformatory sentence of 15 to 18 months.

Emphasizing the profound breach of trust, the vulnerability of the child, and the devastating impact on the victim, the court applied established sentencing principles for adult sexual predators and sentenced the offender to four years in the penitentiary, along with ancillary orders including a 20-year SOIRA order and a 10-year prohibition under s. 161.

The offender pleaded guilty to possession of marijuana for the purpose of trafficking, production of marijuana, and possession of brass knuckles.

Police executing a search warrant discovered 451 marijuana plants, seeds, and sophisticated growing equipment in the offender’s residence.

The offender had a prior conviction for marijuana production and had previously received a conditional sentence.

The court held that the scale of the operation, the residential setting, the presence of a weapon, and the offender’s prior similar conviction required a custodial sentence to achieve denunciation and deterrence.

A conditional sentence was rejected as inappropriate given the recidivist conduct.