R. A. Clark

The offender, a taxi driver, was found guilty of manslaughter by a jury after striking and killing a skateboarder with his vehicle.

The sentencing judge found as a fact that the offender intentionally struck the victim in a fit of road rage, using his vehicle as a weapon, though without the intent to kill.

Emphasizing denunciation and deterrence, the court sentenced the offender to 47.5 months' imprisonment (4 years less pre-trial custody credit), along with a 6-year driving prohibition and a weapons prohibition.

The accused was arrested for dangerous driving after striking and killing a skateboarder with his taxi.

The charge was later upgraded to second degree murder.

The Crown applied to admit the accused's video-recorded statement to police, while the accused applied to exclude it, alleging it was involuntary due to an atmosphere of oppression and that his s. 10(b) Charter right to counsel was breached.

The court found the statement was voluntary, as the police treated the accused courteously and no oppressive conditions existed.

Although the court found an implementational breach of s. 10(b) due to a 1 hour and 50 minute delay in facilitating contact with duty counsel, the police made a "fresh start" by allowing the accused to consult duty counsel twice before taking the statement.

The police also made diligent efforts to contact the accused's counsel of choice before resorting to duty counsel.

The court dismissed the Charter application and ruled the statement admissible.

During a trial for second degree murder arising from a fatal motor vehicle collision, the accused requested a jury instruction on consciousness of innocence based on his post-offence conduct, including calling 911, asking about the victim's condition, and suggesting police check his vehicle for forensic evidence.

The trial judge declined to give the instruction, finding that the accused's actions were equally consistent with guilt or innocence and therefore lacked probative value to support an inference of a consciousness of innocence.

The offenders, both members of the 'Young Buck Killas' street gang, were convicted of various firearms and drug trafficking offences committed for the benefit of a criminal organization.

The court weighed the aggravating factors of their extensive criminal records, gang affiliation, and the nationwide scope of the drug enterprise against minimal mitigating factors.

The court sentenced one offender to 12 years and 1 month and the other to 28 months, after applying enhanced credit for pre-sentence custody.

The court also ordered delayed parole eligibility for both offenders, requiring them to serve at least half of their sentences.

Following a judge‑alone trial, the accused was convicted of robbery and wearing a disguise with intent arising from a planned robbery of a retail telecommunications store in Toronto.

The offenders stole more than 100 cellular phones valued at approximately $50,000 and fled in a rented getaway vehicle before being arrested shortly thereafter.

The court considered the accused’s extensive criminal record, limited employment history, and poor prospects for rehabilitation, emphasizing denunciation and deterrence as the primary sentencing objectives.

The court also addressed the parity principle in relation to co‑accused who had pleaded guilty and received lesser sentences.

A global custodial sentence of 39 months’ imprisonment was imposed after credit for pre‑trial custody, along with mandatory ancillary orders.