Samantha Alexis Wollaston

The accused, Fahd Husain Khan, was arraigned on charges of break and enter, attempted murder, and kidnapping.

The court found that the Crown proved the acts beyond a reasonable doubt.

The central issue was whether the accused was not criminally responsible on account of mental disorder (NCR).

Based on expert psychiatric evidence and the application of section 16(1) of the Criminal Code, the court concluded that the accused was suffering from schizophrenia with psychotic symptoms and delusions, rendering him incapable of knowing his actions were wrong.

Consequently, the court rendered a verdict of not criminally responsible on account of mental disorder.

M.K., a young person, was charged with sexual assault, touching for a sexual purpose, and inviting touching for a sexual purpose, involving the complainant C.B. The court heard evidence from the complainant, his sister, and M.K. and her mother.

The court found the complainant's evidence to be inconsistent and implausible, particularly when contrasted with his sister's testimony.

Applying the W.(D.) framework, the court believed M.K.'s denial of the allegations.

Consequently, M.K. was found not guilty on all counts.

C.P. pleaded guilty to criminal harassment, extortion, and distributing an intimate image without consent, stemming from a scheme to sexually harass and extort a 17-year-old girl.

The offender threatened to release intimate images, then distributed one, and later made further demands with threats including the victim's home address.

The Crown sought a jail sentence of 15-18 months, while the defence argued for a conditional sentence.

The court emphasized the principles of general deterrence and denunciation due to the grave and sustained nature of the offences, despite the offender being a first-time youthful offender with rehabilitative potential.

A total sentence of twelve months in jail was imposed, with concurrent sentences for the other counts, along with probation and a weapons prohibition.

The accused, Dillion Hamilton-Palimaka, was charged with break and enter, wounding an animal, and causing unnecessary pain to an animal after his girlfriend's dog, Lexi, was brutally attacked.

The case relied on circumstantial evidence, including Lexi's developing fear of the accused, the accused's access to the home, his angry departure from a funeral, and inconsistencies in his and his brothers' alibi testimony regarding precise timings.

The court found the accused's and his brothers' evidence unreliable.

The accused was convicted of causing unnecessary pain to an animal, but acquitted of break and enter (due to permissive entry) and the wounding charges (Crown not seeking conviction).

The accused pleaded guilty to operating a conveyance while impaired by a drug contrary to section 320.14(1)(a) of the Criminal Code.

Although this was the accused's first impaired driving conviction, he had an extensive driving record with 16 infractions since April 2018, including careless driving, multiple driving while suspended offences, and driving with alcohol in blood as a novice driver.

His license was suspended at the time of the offence.

The Crown sought a conditional sentence based on the substantial driving record.

The court imposed a two-month conditional sentence and an elevated two-year driving prohibition.

The accused was charged with Impaired Operation or Care or Control of a Motor Vehicle and Over 80 following a single motor vehicle collision on November 25, 2017.

The Crown relied on breath test evidence and a forensic toxicology report.

The court found that the Crown failed to establish the time of operation or care or control of the motor vehicle, rendering the toxicology report's projected blood alcohol concentration calculations inapplicable.

Additionally, considering the totality of the evidence, the court found reasonable doubt as to whether the accused's ability to operate the vehicle was impaired by alcohol, as the observed indicia of impairment were reasonably capable of being explained by the effects of the accident and injuries sustained.

The accused was acquitted on both charges.