Rumsha Siddiqui

A young person, P.P., was charged with sexual assault and sexual interference involving two cousins for historical incidents.

The trial involved testimony from the complainants, their mother, and the accused and his sister.

The court applied the principles of R. v. W.(D.) regarding reasonable doubt and assessed the credibility and reliability of all witnesses.

Significant inconsistencies in the complainants' evidence, including misidentification and factual contradictions, raised reliability concerns.

The Crown's similar fact application failed due to an inability to rebut the assertion of collusion.

The court found P.P. not guilty on all charges, concluding that the evidence did not satisfy the burden of proof beyond a reasonable doubt.

The accused, Mark Aninon, pleaded not guilty to attempted murder and assault with a weapon.

The court found him not criminally responsible (NCR) due to a mental disorder, specifically schizophrenia, for both offences.

The decision was based on an agreed statement of facts establishing the actus reus and expert psychiatric evidence confirming that the mental disorder rendered the accused incapable of appreciating the nature and quality of his actions or knowing they were wrong.

The matter was remitted to the Review Board for disposition, emphasizing that public safety remains the paramount consideration in the NCR regime.

The accused, Travis Jolliffe, pleaded guilty to assaulting his one-month-old baby, causing rib fractures.

The baby later died from accidental suffocation, unrelated to the assault, but the accused's failure to seek medical attention for the initial injuries was an aggravating factor.

The Crown sought a custodial sentence of two years less one day, while the defence sought a conditional sentence.

The court considered aggravating factors, including the breach of trust and lack of medical care, and mitigating factors, such as the accused's guilty plea, cooperation, remorse, completion of a parenting program, and status as a first-time, young, and immature offender.

Applying principles of denunciation, deterrence, proportionality, and parity, the court found the accused fell into the category of an immature parent acting out of frustration, lessening his moral culpability.

A conditional sentence was deemed appropriate to achieve sentencing objectives.

Y.A., a young person, was sentenced for serious offences including sexual trafficking, assault, and illegal firearm possession.

The court applied the principles of the Youth Criminal Justice Act (YCJA), emphasizing accountability, rehabilitation, and reintegration, while acknowledging diminished moral blameworthiness for young persons.

The court considered aggravating factors such as the vicious nature of the assaults and the accused's criminal record, and mitigating factors including the plea of guilt and efforts towards rehabilitation.

The Crown sought a maximum 3-year custodial sentence, while the Defence sought 2 years with 1.5:1 pre-sentence custody credit.

The court imposed a sentence of 2 years and 180 days, with 1.5:1 credit for 218 days of pre-sentence custody, resulting in 583 days further to serve (2/3 in custody, 1/3 in community), along with ancillary orders.

This ruling addresses several pre-trial applications in a criminal case where the accused, H.H., is charged with procuring a minor for sexual services and other sex trade related offences.

The Crown sought to admit the complainant's video statement under s. 715.1 of the Criminal Code and the accused's statement, arguing its voluntariness.

The accused sought to adduce Instagram photos under s. 278.93 and cross-examine the complainant on prior sexual activity under s. 276.

The court granted the Crown's s. 715.1 application by consent and found the accused's statement voluntary, admitting it into evidence.

The accused's s. 278.93 application was dismissed as the photos were not "records" with a reasonable expectation of privacy.

The s. 276 application was also dismissed, as the proposed evidence of prior sexual activity was deemed irrelevant, perpetuating "twin myths," not specific instances, and its probative value was substantially outweighed by the danger of prejudice to the proper administration of justice.

Jessy Lewis pleaded guilty to possession of a loaded, prohibited firearm and possession of cocaine.

The court considered sentencing objectives, aggravating and mitigating factors, including the offender's significant rehabilitation efforts, harsh pre-sentence custody conditions, and stringent bail terms.

The court also addressed the consideration of anti-Black racism in sentencing, as per R. v. Morris.

Ultimately, a conditional sentence of 6 months and 3 weeks was imposed, along with a lifetime weapons prohibition, a DNA order, and forfeiture of the weapon and drugs, but not the seized currency.