Peter Leger

The offender pleaded guilty to sexual interference after having sexual intercourse with the 14-year-old daughter of his bail surety, resulting in her pregnancy.

The court considered the offender's Gladue factors, his difficult upbringing, and his guilty plea as mitigating factors, weighed against the severe breach of trust and the victim's young age.

The court sentenced the offender to 3.5 years in custody, less pre-sentence credit, resulting in a net sentence of 31.5 months in a federal penitentiary, along with ancillary orders.

The accused, an adult firefighter, was charged with sexual assault and sexual interference against the 14-year-old daughter of a fellow firefighter.

The Crown relied on the complainant's testimony and electronic communications between the parties.

The court found significant inconsistencies in the complainant's evidence, particularly when contrasted with the testimony of her friend, an independent witness.

Applying the W.(D.) framework, the court concluded that while the accused's denials were not entirely credible, the totality of the evidence left a reasonable doubt.

The accused was acquitted on all counts.

The appellant appealed his summary conviction for sexual assault, alleging errors by the trial judge in assessing credibility and claiming ineffective assistance of trial counsel.

The appeal court reviewed the trial judge's application of the W.(D.) principles and found no reversible error in the credibility findings or apprehension of evidence.

Regarding the ineffective assistance claim, the court scrutinized trial counsel's preparation and tactical decisions during cross-examination, concluding that counsel's performance fell within the acceptable range of professional judgment and did not cause a miscarriage of justice.

The appeal was dismissed.

The accused was charged with multiple counts of uttering forged documents, possession of property obtained by crime, and attempted fraud.

The Crown's case relied heavily on the testimony of an accomplice who had already pleaded guilty to related frauds.

The court found the accomplice's testimony lacked credibility and reliability, and the circumstantial evidence was insufficient to prove beyond a reasonable doubt that the accused was the mastermind or the driver who assisted in the frauds.

The accused was found not guilty on all counts.

The accused was convicted after trial of sexual assault arising from sexual touching of a two‑year‑old child while acting as a babysitter.

The court conditionally stayed a related sexual interference conviction under the Kienapple principle.

In determining sentence, the court emphasized denunciation and deterrence given the extreme youth of the victim and the breach of trust inherent in a caregiver abusing a child in his care.

After considering limited prior criminal history but the absence of remorse, the court imposed a custodial sentence within the established range and ordered numerous ancillary orders including SOIRA registration and long‑term prohibitions relating to children.

The accused was tried for sexual assault and sexual interference against a two-year-old child he was babysitting.

The Crown's case relied on statements the child made to his mother shortly after the incident and DNA evidence from a semen stain on the child's bed sheet that matched the accused.

The court admitted the child's hearsay statements for their truth and rejected the defence's theory of innocent transfer of DNA.

The court found the Crown proved beyond a reasonable doubt that the accused touched the child for a sexual purpose and applied force.

The accused was found guilty on both counts.

The accused was convicted after trial of sexual assault for engaging in sexual intercourse with a sleeping friend following a night of drinking.

The court considered aggravating factors including the seriousness of the offence and the breach of trust between friends, and mitigating factors including the offender’s lack of prior criminal record, good character, supportive family, and prospects for rehabilitation.

The court reviewed sentencing principles under ss. 718 and 718.1 of the Criminal Code and authorities establishing the typical custodial range for sexual intercourse with an unconscious victim.

Finding the case fell within the upper reformatory range but did not require a penitentiary sentence, the court imposed a custodial term followed by probation and ancillary orders.

Following a jury trial, the accused was convicted of public mischief and attempted fraud over $5,000 arising from a staged vehicle crash and false report to police and an insurer.

The offender caused his vehicle to roll down a hill and then falsely reported it stolen in an attempt to obtain insurance proceeds.

The court considered the offender’s youth, lack of criminal record, supportive background, and positive presentence report as mitigating factors.

Emphasizing general deterrence for planned insurance fraud, the court held that probation alone would be inadequate.

A short intermittent custodial sentence followed by probation, along with restitution and a secondary DNA order, was imposed.