S. Pemberton

This decision addresses an application under s. 276 of the Criminal Code by the defendants to admit evidence of the complainant's prior sexual activity.

The complainant testified she was plied with drugs and alcohol and procured for sexual services.

The defendants sought to introduce cellphone location data showing the complainant at hotels providing sexual services independently prior to meeting them.

The court found the evidence relevant to challenge the procurement claim and that its probative value outweighed its prejudicial effect, subject to restrictions on salacious details.

The application was allowed, permitting cross-examination on these activities.

The defendant, Leonard Boucher, was charged with sexual assault, unlawful confinement, and uttering a threat to kill D.A. The trial involved conflicting testimonies from D.A. and Mr. Boucher regarding consensual sexual activity, payment, and alleged threats.

The court found D.A.'s evidence lacked credibility due to inconsistencies and the absence of crucial phone records.

Mr. Boucher's evidence also presented serious credibility issues due to prior convictions for dishonesty and inconsistencies in his police statement.

Ultimately, the court concluded that the Crown failed to prove the charges beyond a reasonable doubt, leading to Mr. Boucher's acquittal on all counts.

A 15-year-old youth was sentenced for criminal negligence causing death after stealing a vehicle and driving at extreme speed (148-150 km/h in an 80 km/h zone) on Highway 10 in Caledon, resulting in a crash that killed his 12-year-old passenger.

The defendant was under a release order prohibiting him from occupying the driver's seat of any motor vehicle at the time of the offense.

The court imposed a sentence of 18 months custody and supervision (168 days in custody and 85 days under supervision), followed by two years probation with conditions including a six-year driving prohibition, 100 hours community service, and a probation review hearing.

The court credited 295 days of pre-trial custody on a one-to-one basis.

The accused was charged with assault for striking his 15-year-old girlfriend in the face during the early morning hours of April 1, 2013, in Mississauga.

The complainant initially lied to police, claiming the injuries resulted from a soccer accident, but eventually disclosed the truth during a lengthy police interview.

The accused denied the assault and claimed the complainant was uninjured when they parted.

The trial judge found the accused's evidence incredible and accepted the complainant's account, finding that the injuries were inflicted while the complainant was alone with the accused.

The judge convicted the accused of assault.