8 total
Offender sentenced to 365 days custody for sustained intimate partner violence and stranger assault.
The offender pleaded guilty to eight charges, including one count of assault causing bodily harm against a stranger and seven counts involving his former intimate partner, including assault by choking and assault with a weapon.
The court found the intimate partner violence involved a sustained pattern of coercive control and significant physical and psychological harm.
Despite the offender's rehabilitative efforts and strict bail compliance, the court declined to impose a conditional sentence order, emphasizing denunciation and deterrence.
The offender was sentenced to a total of 365 days in custody, less pre-sentence custody credit, followed by 24 months of probation.
Youthful first offender receives 18.5-month conditional sentence for accessory after the fact to murder.
The offender pleaded guilty to being an accessory after the fact to murder.
She assisted her boyfriend in evading police after he stabbed the victim to death.
The court accepted a joint submission for a sentence of 2 years less a day, credited with pre-trial custody, resulting in an 18.5-month conditional sentence followed by 3 years of probation.
The court noted the offender's youth, lack of prior record, and rehabilitative progress as mitigating factors.
The accused was acquitted of arson and related charges because the Crown's circumstantial evidence failed to prove identity or that the fire was intentionally set.
This criminal trial concerned charges of intentionally or recklessly causing damage by fire, common nuisance, and breach of a release order against the accused, Jeanette Belanger.
The Crown alleged the accused set fire to a residence out of retribution for infidelity, knowing it was occupied.
The court examined circumstantial evidence, including grainy security footage, text messages purportedly from the accused, and the testimony of a key witness, Simon Pelletier.
The Fire Marshall's investigation could not definitively determine the fire's cause, identifying five possible ignition sources.
The court found the security footage inconclusive for identification, the electronic messages unreliable due to lack of expert evidence and uncertain dating, and Simon Pelletier's testimony untrustworthy as he admitted to lying.
Applying principles for circumstantial cases, the court concluded that the Crown failed to prove the charges beyond a reasonable doubt, leading to the acquittal of the accused on all counts.
Accused acquitted of sexual assault against stepdaughters after court accepts his exculpatory evidence under W.(D.).
The accused was charged with three counts of sexual offences against his two stepdaughters.
The allegations spanned several years and involved both touching and intercourse.
The accused testified and emphatically denied the allegations, providing a detailed and credible account of events.
Applying the W.(D.) framework, the court accepted the accused's exculpatory evidence under the first prong, finding him entirely credible.
The court also found that even if the accused's evidence was not fully accepted, it raised a reasonable doubt under the second prong, and the frailties in the Crown's evidence raised a reasonable doubt under the third prong.
The accused was acquitted on all counts.
Conditional sentence imposed for fentanyl trafficking due to offender's exceptional rehabilitative progress.
The offender pleaded guilty to possessing fentanyl for the purpose of trafficking.
The Crown sought a four-year penitentiary sentence, while the defence sought a conditional sentence.
The court noted the offender's lengthy criminal record and the significant amount of fentanyl involved, but also recognized his exceptional rehabilitative efforts and success in overcoming a long-standing drug addiction.
Applying recent appellate jurisprudence, the court found that returning the offender to jail would undermine his rehabilitation and serve little useful purpose.
A conditional sentence of two years less a day was imposed, along with a 10-year weapons prohibition and a DNA order.
Joint submission of 3 years and 9 months accepted for trafficking fentanyl, heroin, and cocaine.
The accused pleaded guilty to possession for the purpose of trafficking cocaine, fentanyl, and heroin, and possession of a weapon.
The court accepted a joint submission for a sentence of three years and nine months, less pre-sentence custody credit.
The court considered the accused's Aboriginal background, traumatic childhood, and substance abuse issues, as well as the aggravating nature of the highly addictive drugs involved.
At the accused's request, the remaining sentence was structured as two years to allow him to serve it in a federal penitentiary where he could access programming.
The court issued four procedural and evidentiary rulings during a manslaughter trial, addressing juror questions, witness re-examination, bad character evidence, and jury instructions.
This endorsement provides reasons for four trial rulings made during a jury trial for manslaughter, where the accused were ultimately found not guilty.
The rulings addressed: (1) whether jurors could ask witnesses questions (denied, emphasizing the adversarial nature of criminal trials); (2) the Crown's re-examination of a witness on prior consistent statements (allowed to clarify a one-sided picture created during cross-examination); (3) the Crown's request to introduce bad character evidence against one accused (denied, as the defence had not put character in issue); and (4) the Crown's request for a specific jury charge on aiding and abetting related to a push by one accused (declined as speculative and unduly complex given the Crown's primary theory of a group beating).
Historical sexual assault charges failed on credibility and reasonable doubt.
The accused was tried on historical sexual offence charges alleging abuse by a stepfather against two stepsons over many years in the family home.
The court treated the case as turning on credibility and reliability, considered the principles governing delayed disclosure, prior inconsistent or incomplete accounts, and the effect of extensive criminal records involving dishonesty on witness assessment.
Applying the W. (D.) framework, the court held the complainants' evidence did not provide a basis to reject the accused's denials and that reasonable doubt remained.
All counts were dismissed.