Peter Alan Barnes

J.M. was found guilty on two counts of sexual assault against two child victims, T.L. and B.R., following a jury trial.

The sentencing judge accepted the complainants' evidence as substantially true, including the more egregious allegations.

Aggravating factors included the offender's position of trust, the young age of the victims, the lengthy period and invasive nature of the abuse, and the severe impact on the victims.

Mitigating factors included the absence of overt violence, no serious criminal record, and a history of employment.

The court emphasized denunciation and deterrence as primary sentencing principles for child sexual abuse by a person in a position of trust.

J.M. was sentenced to 5 years and 6 months imprisonment for the sexual assault against T.L., and 15 months concurrent for the sexual assault against B.R., with credit for pretrial custody.

Various ancillary orders were also imposed.

The accused brought a Garofoli application seeking disclosure of an affiant police officer’s notes, leave to cross‑examine the affiant, and exclusion of evidence obtained under a general warrant.

The court ordered disclosure of the officer’s notes subject to redaction to protect the confidential informant and granted leave to cross‑examine the affiant on issues relating to the reliability of the informant and alleged omissions or misstatements in the Information to Obtain (ITO).

After cross‑examination, the court found the ITO fundamentally deficient, containing misrepresentations and lacking reliable evidence capable of establishing reasonable and probable grounds.

The general warrant was set aside and the search deemed warrantless, engaging the accused’s Charter rights.

The matter was adjourned for continuation of the application regarding exclusion of evidence.