Sarah Starkie

The defendant pleaded guilty to sexual assault causing bodily harm.

This decision constitutes a Gardiner hearing to determine contested aggravating factors for sentencing.

The Crown alleged non-consensual penetration, threats, and a breach of trust, disputing the defendant's claim of a consensual BDSM scene.

The court found the complainant's evidence credible and rejected the defendant's, establishing several aggravating factors beyond a reasonable doubt, including non-consensual penetration and the defendant's manipulation.

An 18-year-old defendant pleaded guilty to mischief by sending bomb threats via digitized voice messages to a residential property and a group home, and to failure to comply with a youth probation order.

The defendant was on probation at the time of the offences.

The Crown sought a suspended sentence with probation, while the defence sought a conditional discharge.

The court granted a conditional discharge with probation, finding that despite the defendant's significant youth record for serious offences and the seriousness of the conduct, a discharge was in the defendant's best interests and not contrary to the public interest.

The court emphasized the defendant's mental health diagnoses, genuine remorse, cooperation with police, engagement in rehabilitation programming, and the collateral consequences of converting the youth record to an adult record.

Scott John Harquail pleaded guilty to one count of possession of crack cocaine for the purpose of trafficking and three counts of trafficking crack cocaine.

The Crown and defence presented a joint submission for a 30-month (900-day) sentence.

The primary issue was the credit for pre-trial custody, specifically whether additional enhanced credit beyond the standard 1.5:1 ratio was warranted due to harsh conditions, including lockdowns and inadequate medical/dental treatment.

The court accepted the joint submission for the gross sentence and granted an additional 45 days of enhanced credit for the harsh pre-trial conditions, particularly the neglect of a significant dental issue and lack of follow-up for Hepatitis C.

The accused was charged with weapons offences after checking a bag containing a loaded BB gun and a belt buckle shaped like brass knuckles onto a commercial flight.

The court found that checking baggage constitutes an attempt to 'take on board' an aircraft under section 78 of the Criminal Code.

The court also held that the BB gun met the definition of a firearm and thus an offensive weapon, and the belt buckle functioned as a prohibited weapon.

The accused was found guilty on all counts, with a Kienapple stay entered on the first count.