Russell Durward

The accused, Malik Mbuyi, was charged with first-degree murder in relation to two deaths and conspiracy to commit murder.

The Crown's case relied heavily on the testimony of an accomplice, Kareem Zedan, who was deemed an unreliable "Vetrovec" witness, but whose testimony was corroborated by circumstantial evidence including DNA, CCTV footage, and cellphone records.

The court found the accused to be the shooter and to have the requisite intent for murder (transferred intent for one victim, gratuitous for the other).

However, due to the inconsistencies in the accomplice's testimony and lack of sufficient corroborative evidence regarding planning and deliberation, the court found the Crown failed to prove first-degree murder or conspiracy beyond a reasonable doubt.

Consequently, the accused was found guilty of two counts of second-degree murder.

The accused, Malik Mbuyi, brought an application under sections 7, 8, and 24(2) of the Canadian Charter of Rights and Freedoms to exclude DNA evidence obtained via two search warrants (TPS and Brantford warrants) in a first-degree murder trial.

The applicant argued that police circumvented proper procedures, misled the issuing justice, and engaged in an abuse of process by obtaining a DNA warrant for stale youth offences primarily to advance the homicide investigation.

The court dismissed the application, finding no Charter breach under section 8, no abuse of process under section 7, and that even if there were breaches, the evidence would be admissible under section 24(2) due to the seriousness of the crime, reliability of the evidence, and public interest in adjudication on the merits.

The accused, Dustin Fahey, faced five criminal charges arising from domestic incidents with his former spouse, Andrea Randell, and her mother, Jeanette Randell.

The charges included threatening, unlawful confinement, criminal harassment, and assault.

The court found Mr. Fahey guilty of threatening Andrea Randell and criminally harassing her, based on credible testimony and extensive text message evidence demonstrating a pattern of manipulative and relentless communication.

However, the court dismissed the charges of unlawful confinement and assault due to insufficient or unclear evidence.

The judge rejected the accused's claim of memory loss, finding it untruthful and not a valid defence.

The defendant pleaded guilty to possession of cocaine for the purpose of trafficking.

Police found 114 grams of cocaine in six bags, a digital scale, and $1,390 in cash at an apartment in St. Catharines, Ontario.

The defendant had three prior convictions for drug-related offences, including two previous trafficking convictions.

The Crown sought a 42-month penitentiary sentence, while the defence argued for 16-18 months.

The court imposed a 30-month custodial sentence, balancing denunciation and deterrence with rehabilitation considerations and the defendant's 22 months of house arrest pending trial.

The defence subsequently sought a conditional sentence based on pandemic concerns and the recent Sharma decision, but the court declined to alter its original sentence.