R. Fedorowicz

The offender pleaded guilty to robbery simpliciter of a marijuana dispensary.

He had an extensive criminal record starting as a youth, but this was his first penitentiary sentence.

The Crown sought 3.5 years concurrent, while the defence sought two years less a day concurrent.

The court imposed a global sentence of 3 years (36 months) concurrent to his existing sentence, and granted 9 months of credit for harsh pre-sentence custody conditions due to the COVID-19 pandemic, leaving 27 months to serve.

The appellant appealed his conviction and sentence for assault with a weapon arising from an altercation with his landlord.

The appellant argued the trial judge misapprehended evidence, improperly found corroboration, and applied uneven scrutiny to the defence evidence.

The summary conviction appeal court dismissed the conviction appeal, finding the trial judge's credibility assessments and factual findings were reasonable and supported by the evidence.

However, the sentence appeal was allowed.

The court found the sentencing judge erred by failing to give adequate weight to the Crown's position that a conditional sentence was appropriate, and replaced the 60-day intermittent jail sentence with a 9-month conditional sentence.

The accused applicants brought a Garofoli application seeking to exclude wiretap evidence obtained pursuant to a Part VI intercept authorization, alleging a violation of their s. 8 Charter rights.

The investigation stemmed from an armed robbery at a pawn shop where the owner was shot.

The applicants argued the information to obtain (ITO) relied on unreliable confidential informant information and that police failed to exhaust alternative investigative methods.

The court reviewed the redacted ITO and found that, even excluding the contested informant information, the remaining evidence—including DNA matches and association evidence—provided reasonable grounds for the authorization.

A supplementary application regarding police obtaining contact information from Ontario Works without a warrant was also dismissed.

The application to exclude evidence was dismissed.