S. Rochelle Liberman

Gary Junichi Nishikawara pleaded guilty to second-degree murder of his 95-year-old mother.

The court considered significant aggravating factors, including the victim's vulnerability, breach of trust, multiple injuries inflicted, and the concealment of the body.

Mitigating factors included the guilty plea, lack of prior criminal record, the offender's age and failing health, and the harsh conditions of his pre-sentence detention.

The Crown sought a 16-year period of parole ineligibility, while the defence argued for the minimum 10 years.

The court ultimately imposed a life sentence with parole ineligibility set at 13 years, along with a lifetime weapons prohibition and a DNA order.

Chang Yul (Colin) Lee pleaded guilty to aggravated assault, forcible confinement, extortion, transmitting intimate images, and fraud under, stemming from a 30-hour ordeal where the victim was held hostage, severely beaten, humiliated, sexually violated, and extorted by Lee and a co-accused.

The Crown sought a 5-year penitentiary sentence, while the defence sought 2 years less a day.

The court considered significant aggravating factors, including the gratuitous, prolonged, and sexualized nature of the violence, and the severe physical and psychological impact on the victim.

Mitigating factors included Lee's guilty plea (though attenuated), lack of prior criminal record, significant rehabilitative efforts for substance abuse, strong family support, low risk of re-offending, and the fact he was not the mastermind.

The court emphasized denunciation and general deterrence, tempered by the principle of restraint for a first offender.

Lee was sentenced to a total of 4 years in the penitentiary for the most serious counts (aggravated assault, forcible confinement, extortion), with concurrent sentences for transmitting intimate images and fraud, along with a lifetime weapons prohibition, DNA order, and no-contact order.

The accused was charged with attempted murder and aggravated assault following a knife attack outside a bar.

The attack occurred shortly after a heated verbal altercation inside the bar involving racial slurs.

The court applied the W. (D.) framework and rejected the accused's testimony, relying on eyewitness recognition and video surveillance to prove identity beyond a reasonable doubt.

However, applying Ancio, the court found the Crown failed to prove the specific intent to kill required for attempted murder.

The accused was acquitted of attempted murder but convicted of aggravated assault.