Sean Fraser

This criminal trial concerned charges of assault against Austin Boyle involving his former girlfriend, Taylor Slugg.

The court meticulously analyzed witness testimony, including that of the complainant, the accused, and the accused's mother, alongside crucial surveillance video evidence.

The defence's account, which claimed the complainant was highly intoxicated and that the accused's actions were protective, was found to be inconsistent with the video evidence and deemed fabricated.

The court applied principles of reasonable doubt and circumstantial evidence, ultimately finding the accused guilty of multiple assaults, including pushing the complainant, violently manhandling her in a hotel hallway, and choking her in a hotel room.

The accused was charged with sexual assault, assault, forcible confinement, and uttering a forged document.

The Crown proceeded by summary conviction.

The accused pleaded not guilty to the first three charges and guilty to uttering a forged document.

Following a three-day trial in December 2019, the court found the accused guilty of sexual assault beyond a reasonable doubt and dismissed the assault and forcible confinement charges.

The court found the aggravating circumstances related to the uttering of a forged document were proven beyond a reasonable doubt.

The accused was sentenced to 15 months imprisonment followed by 3 years probation on the sexual assault charge, with a suspended sentence on the uttering forged document charge.

The accused was charged with sexual assault, assault, forcible confinement, and uttering a forged document.

The accused pleaded guilty to uttering a forged document.

The Crown sought dismissal of the forcible confinement charge, which was granted.

The assault charge was dismissed due to insufficient evidence regarding the date and causation of injury.

The accused was convicted of sexual assault based on evidence that he continued intercourse despite the complainant's repeated expressions of pain and withdrawal of consent.

The court found the accused's testimony internally inconsistent and unreliable, particularly when compared to text message evidence and the complainant's credible account.

The accused, a self-employed contractor, was charged with multiple counts of fraud for accepting deposits from customers for goods and services that were never provided.

The accused entered into contracts with multiple customers, accepted substantial deposits, and then diverted the funds for his own purposes without authorization.

The accused prioritized more lucrative jobs over his existing contractual obligations and made repeated false promises to customers about his availability and commitment.

The accused was found guilty of two counts of fraud involving deprivation of deposits from two customers.

One count was dismissed at the Crown's request due to evidentiary issues, and guilty pleas were entered on remaining counts related to a separate fraud involving a cheque-cashing business.

The accused was charged with three sexual offences against his daughter: Sexual Assault (s. 271), Sexual Interference (s. 151), and Exposure (s. 173(2)).

The allegations involved taking photographs of the complainant's vaginal area, touching her vaginal and buttocks area with his penis, and masturbating in her presence while she was bathing.

The complainant, a 14-year-old with the mental capacity of an 8 or 9-year-old, testified that these incidents occurred when she was between 12 and 13 years old.

The accused denied all allegations.

The trial judge found the complainant to be a credible and compelling witness but determined that there were sufficient concerns about the reliability and weight of her evidence to prevent a considered and reasoned acceptance beyond a reasonable doubt of the allegations.

The accused was acquitted.

The offender pleaded guilty to 13 counts involving the sexual abuse of five child victims, including his niece from age 2 to 7, the creation of child pornography, and possession of child pornography.

The Crown sought a dangerous offender designation with an indeterminate sentence or, alternatively, a long-term offender designation.

The defence opposed both designations, arguing for a determinate sentence of 8-10 years.

The court found the offender met the criteria for dangerous offender status under sections 753(1)(a)(i) and 753(1)(b) of the Criminal Code based on a pattern of repetitive sexual behaviour and failure to control sexual impulses, with a likelihood of future harm.

The court imposed a determinate sentence of 13 years 6 months less pre-sentence custody, followed by a 10-year long-term supervision order, rejecting an indeterminate sentence but finding the offender's risk manageable in the community with appropriate conditions and treatment.

The defendant was charged with assault causing bodily harm contrary to section 267 of the Criminal Code.

The incident arose from a parking dispute in a laneway outside a Chinese food restaurant in Whitby.

After an argument and physical confrontation, the defendant punched the complainant in the face, causing him to lose two teeth and have one chipped.

The defendant claimed self-defence under section 34 of the Criminal Code.

The court found the defendant guilty, rejecting the self-defence claim as the defendant's actions were an unreasonable over-reaction to a minor struggle and did not constitute a proportionate response to any perceived threat.

The defendant was charged with sexually assaulting a 17-year-old complainant who worked as a dishwasher and cashier at a restaurant where the defendant was employed as a cook.

The alleged assault occurred on July 19, 2013, in the takeout counter area of the restaurant kitchen.

The complainant testified that the defendant engaged in unwanted touching of her buttocks and groin area over several weeks, culminating in a more serious incident on the date in question.

The defendant denied the allegations, claiming the physical contact was incidental to the tight working conditions in the kitchen.

The court found that while the complainant's evidence was preferable to the defendant's, certain inconsistencies and improbabilities in her account, combined with the defendant's testimony that raised reasonable doubt, resulted in an acquittal.

The accused was charged with sexual assault, sexual interference with a person under 16 years, and invitation to sexual touching involving a person under 16 years, contrary to sections 271, 151, and 252 of the Criminal Code.

The complainant, a 15-year-old girl, testified that the accused sexually assaulted her while she was in her pajamas at her mother's residence.

The court admitted similar fact evidence regarding two prior sexual assault convictions involving the accused's step-children, finding striking similarities in the context and circumstances.

Despite inconsistencies in the complainant's testimony that raised concerns about reliability, the similar fact evidence corroborated her account and established guilt beyond a reasonable doubt.

The accused was found guilty on all three counts.