S. Randev

The defendant, Michael Bascoe, was convicted after trial of simple assault and assault involving choking, suffocation, or strangulation against his intimate partner.

The assaults were prolonged, unprovoked, and involved choking to the point of brief unconsciousness, occurring while the victim was pregnant.

The Crown sought a 10-month jail sentence, while the defence requested a 12-month conditional sentence, citing the significant impact of incarceration on the defendant's two young children, whose mother was recently diagnosed with stage 3 ovarian cancer and could no longer care for them full-time.

The court, considering the principles of denunciation and deterrence in domestic violence cases and the recent amendments expanding the availability of conditional sentences, balanced the seriousness of the offence with the collateral consequences on the defendant's family.

The court imposed a one-year conditional sentence, followed by one year of probation, a DNA order, and a five-year section 110 order, finding it a fit and appropriate sentence given all circumstances.

The defendant was charged with possession of cocaine contrary to s. 4(1) of the Controlled Drugs and Substances Act after cocaine was discovered in her purse during a mandatory security search at her high school prom.

The defendant challenged the search as violating her s. 8 Charter right to freedom from unreasonable search and seizure.

The court found that although the search was mandatory and without individualized reasonable grounds, it was reasonable in all the circumstances given the school's duty to ensure student safety at an organized school event.

The court distinguished the case from more intrusive searches and held that students have a diminished expectation of privacy in the school setting.

The defendant's Charter application was denied and a finding of guilt was entered.