R. Wellington

The accused, charged with sexual offences against a minor and drug trafficking, brought a Charter application to exclude statements made to police and evidence seized from his home.

The accused had called 911 to report a break and enter, leading police to discover a distraught minor who made allegations against him.

The court found the accused was not initially detained during the preliminary investigation, but his s. 10(b) right to counsel was breached when an officer had him sign a written statement knowing an arrest was imminent.

The court excluded the signed statement under s. 24(2) but admitted the prior oral statements and evidence obtained via search warrants, finding no s. 8 breaches.

The accused, a youthful offender, was sentenced for his participation in a bank robbery where approximately $100,000 remained unrecovered.

The Crown sought a three-year penitentiary term, while the defence sought a conditional sentence.

Balancing denunciation and deterrence with the accused's rehabilitative prospects, the court imposed a custodial sentence of 18 months less pre-trial custody credit, along with a $50,000 restitution order and ancillary orders.

The offender was convicted by a jury of importing 4.3 kilograms of cocaine into Canada.

She travelled from Jamaica with her two young children, whose presence the court found was used as a cover to lessen the chances of detection.

The court rejected arguments that the offence was not for personal gain, that systemic racial biases applied, or that exceptional circumstances warranted a departure from the standard sentencing range.

The offender was sentenced to 7 years' incarceration, less 9 days for pre-sentence custody.

The appellant appealed his assault conviction, arguing the trial judge erred by refusing to grant an adjournment when the Crown disclosed a photograph of the complainant's injuries on the day of trial.

The summary conviction appeal judge found that the trial judge properly exercised her discretion, as the appellant could not articulate how the late disclosure prejudiced his ability to make full answer and defence.

The appeal was dismissed.