Peter B. Scully

The offender, barely 18 years old at the time of the offence, was convicted of trafficking in approximately one ounce of heroin and one ounce of cocaine.

She was a courier with a minimal role in the criminal enterprise, likely exploited by others.

The Crown sought a three-year penitentiary sentence.

The court imposed a suspended sentence with two years of concurrent probation, finding that exceptional circumstances justified departure from the custodial range ordinarily applicable to hard drug trafficking.

The court emphasized the offender's youth, first-offender status, demonstrated rehabilitation over nearly two years of bail compliance, exemplary employment record, educational progress, and strong rehabilitative potential.

The defendant was charged with possession of heroin and cocaine for the purpose of trafficking, and possession of proceeds of crime.

The Crown's case was entirely circumstantial, relying on police surveillance evidence showing the defendant driving a Honda in which drugs and cash were found on the rear seat.

The court applied the legal principles governing constructive possession and circumstantial evidence, finding that the Crown established beyond a reasonable doubt that the defendant had knowledge and control of the heroin and cocaine.

However, the court acquitted the defendant of the proceeds charge, finding insufficient evidence that the $350 cash had a criminal source.

The accused was tried on charges of robbery, assault causing bodily harm with a hammer, uttering a death threat, and two probation breaches.

The court rejected the accused's evidence under the W. (D.) framework, accepted the complainant's detailed and compelling account, and found the Crown had proven the hammer assault and related probation breaches beyond a reasonable doubt.

The court was not satisfied that the loan transaction and subsequent violence established the specific intent required for robbery.

On the threatening call allegation, the court found the evidence proved a threat to cause bodily harm, but not a threat to cause death.

The accused was charged with possession of approximately 32 grams of crack cocaine for the purpose of trafficking and possession of proceeds of crime following a police surveillance operation.

The Crown alleged that officers observed the accused conduct a street-level drug transaction before arresting him and locating drugs and cash during a search.

The court identified numerous inconsistencies and logical conflicts within the police officers’ testimony regarding surveillance, the arrest, and the timing and manner of the searches.

An independent civilian witness also gave evidence that materially contradicted aspects of the officers’ account and was found credible and reliable.

Considering the inconsistencies and the witness evidence together, the court concluded the Crown failed to prove possession and related offences beyond a reasonable doubt and entered acquittals.

The accused was convicted of assault causing bodily harm following a trial.

The victim, a 25-year-old university student, suffered a broken nose and lasting physical and psychological injuries after being punched in the face by the accused while on the ground.

The Crown sought six months in custody followed by probation, while the defence sought a conditional discharge.

The court imposed a conditional sentence of six months in the community with strict conditions including house arrest for the first three months, followed by a curfew for the remaining three months, and one year of probation.

The court balanced the serious nature of the assault and its impact on the victim against the accused's lack of criminal record, stable employment, family responsibilities, and demonstrated remorse and rehabilitation potential.

The accused was charged with assault causing bodily harm against the complainant following an altercation at a GO train station parking lot.

The incident arose from a dispute that began in a pedestrian tunnel between the accused's brother and fiancée and the complainant and his friend, escalating to physical violence in the parking lot.

The defence claimed self-defence and defence of family based on perceived threats.

The court rejected the defence's credibility and found the accused acted aggressively without genuine belief in necessity of force, resulting in conviction.

The appellant was convicted of first degree murder and attempted murder following a drug transaction where the victims were shot.

On appeal, he argued the trial judge erred by denying an adjournment to retain new counsel, forcing him to self-represent, failing to put an alternative suspect theory to the jury, and leaving speculative evidence of planning and deliberation with the jury.

The Court of Appeal dismissed the appeal, finding the trial judge properly exercised his discretion to deny the adjournment due to the appellant's manipulative delay tactics, and that the jury instructions on the alternative suspect and planning and deliberation were correct.

A pre-hearing conference was held regarding a Notice of Proposal to suspend the liquor licence of Kaytoo Restaurant & Bar.

The Board ordered both the Licensee and the Registrar to complete disclosure of witness lists and evidence summaries by April 18, 2011, ahead of the scheduled hearing in May 2011.