Richard N. Stern

The appellant, Oliver Ritchie, appealed his convictions for luring a child under 16 and communicating for the purpose of obtaining sexual services of a minor, and sought leave to appeal his 16-month sentence.

The convictions stemmed from an online police sting operation where a detective impersonated a 14-year-old girl.

The appellant denied sending the texts, claiming a stranger used his phone.

The Court of Appeal dismissed the appeal from conviction, finding no errors in the trial judge's application of the law regarding age presumption, evidence assessment, or the W.(D.) analysis.

Leave to appeal sentence was granted but the appeal was also dismissed, as the sentence was not demonstrably unfit and aligned with the Supreme Court's directive in Friesen for increased sentences in child sexual offense cases.

Michael Hennesy pleaded guilty to assault following a racist verbal and physical attack on a Chinese student on a bus during the early pandemic.

The victim experienced significant emotional distress.

The court considered Hennesy's tragic personal history, including childhood trauma, addiction, and a lack of prior criminal record, as mitigating factors.

However, the racist nature of the assault and its broader societal impact were deemed aggravating.

The judge imposed a four-month conditional sentence of imprisonment, followed by one year of probation, emphasizing the need to denounce racist conduct despite the offender's personal circumstances.

The defendant, Tahir Ali, was charged with multiple drug trafficking offenses and manslaughter related to an opioid overdose death.

The court acquitted the defendant on charges of trafficking and possession for trafficking on April 9, 2017, and manslaughter, due to reasonable doubt regarding the source of drugs and causation of death.

The court also acquitted the defendant on a charge of trafficking on April 28, 2017, as the specific substance trafficked was not proven.

However, the defendant was convicted of possession of heroin and furanyl fentanyl for the purpose of trafficking on April 28, 2017, as the arrest was deemed lawful and the seized evidence admissible.