R. Kozak

The accused was convicted of first degree murder and kidnapping in relation to a drug debt.

The court sentenced the accused to the mandatory life imprisonment without parole eligibility for 25 years for first degree murder.

For the kidnapping conviction, considering the accused's role as an aider and his limited criminal record compared to his co-accused, the court imposed a concurrent sentence of 15 years imprisonment.

The offender was convicted of first degree murder and kidnapping with a firearm in relation to a drug debt.

The court imposed the mandatory sentence of life imprisonment without parole eligibility for 25 years for the murder.

For the kidnapping, the court agreed with the Crown that the context of enforcing a drug debt required denunciation and deterrence, imposing a concurrent life sentence.

The applicant, charged with manslaughter, brought an application to exclude his clothing from evidence, arguing it was seized from his father's apartment during a warrantless search in violation of his s. 8 Charter rights.

The court found the applicant had a reasonable expectation of privacy in his father's home based on his familial and cultural background.

The court held the search was unreasonable as there were no exigent circumstances and the father did not provide valid, informed consent.

Applying the Grant framework, the court excluded the evidence under s. 24(2), emphasizing the seriousness of the police conduct in entering a dwelling without a warrant and the negative impact on the Indigenous community's trust in police.

The Indigenous offender was sentenced for a random robbery and assault with a weapon (stabbing) against two women in a drive-thru.

The court considered the offender's youth, Fetal Alcohol Spectrum Disorder, and significant Gladue factors, alongside his recent rehabilitative efforts and sobriety.

Balancing denunciation and deterrence with rehabilitation, the court rejected the Crown's proposed 30-36 month sentence and imposed the defence's proposed sentence of 2 years less a day, minus enhanced pre-sentence custody credit, followed by 2 years of probation.

The accused pleaded guilty to sexual assault causing bodily harm, uttering a death threat, and unlawful confinement following a violent, random attack on a stranger in a public place.

The Crown sought a penitentiary sentence of 8 to 10 years, while the defence sought 4 years, citing the accused's Indigenous background and Gladue factors.

The court weighed the severe aggravating factors of the unprovoked, prolonged attack against the mitigating factors of the accused's guilty plea, remorse, and Indigenous background.

The court imposed a global sentence of 7 years imprisonment, less credit for pre-sentence custody.

The accused, Monica Spence and Daniel Debassige, were sentenced for their roles in the beating death of the victim.

Following a trial, Debassige was found guilty of second-degree murder, and Spence was found guilty of manslaughter due to intoxication and provocation after the victim sexually assaulted her.

Applying Gladue principles and considering pre-sentence reports, the court sentenced Spence to five years (with credit for pre-sentence custody, leaving 703 days) followed by three years of probation.

Debassige received a mandatory life sentence with no parole eligibility for 10 years, in accordance with a joint submission.