Stephanie Alexandra Abrahams

The accused was charged with assault contrary to section 266 of the Criminal Code and assault by choking, suffocating, or strangling contrary to section 267(c) of the Criminal Code, arising from an incident on August 2, 2023, involving his wife.

The Crown proceeded summarily.

The complainant testified that the accused struck her repeatedly in the face while driving, choked her by the neck, and pushed her head into the dashboard.

The accused denied all allegations.

The court found the complainant's evidence credible and reliable, supported by photographic evidence and medical observations.

The court rejected the accused's denial as incapable of belief and found him guilty on both counts.

The accused was convicted of manslaughter following a jury trial on a charge of first-degree murder in connection with the death of Marvin Matthew on May 26, 2023.

The accused stabbed the deceased multiple times with a hunting knife after discovering him in a sexual encounter with the accused's girlfriend.

The jury rejected the accused's self-defence claim and found him guilty of the lesser included offence of manslaughter.

At sentencing, the court imposed an effective 11-year penitentiary sentence, accounting for pre-sentence custody credit of approximately 3 years and 8 months, resulting in a sentence of 7 years and 4 months to be served.

The court emphasized the gravity of the offence, the breach of bail conditions, and the absence of genuine remorse.

This decision addresses the admissibility of evidence of other sexual activity under section 276 of the Criminal Code in a sexual assault prosecution.

The court allowed evidence that the complainant propositioned the Applicant and his girlfriend, C.E., for a threesome, finding it relevant to impeach the complainant’s credibility and establish a motive to fabricate.

The court further permitted limited questioning about the complainant’s sexual interest in C.E., concluding that this evidence had significant probative value not substantially outweighed by prejudice, particularly in a judge-alone trial.

The ruling clarifies the scope of permissible cross-examination regarding sexual interest as it relates to motive to fabricate allegations.

The court sentenced Jason Curnew for sexual assault against a contract employee, Ms. AS, whom he supervised.

The decision details the circumstances of the offence, the offender’s background, aggravating and mitigating factors, and the application of sentencing principles, including the totality principle.

The court imposed a five-year consecutive penitentiary sentence, with mandatory ancillary orders, after considering the impact on the victim, the abuse of authority, and the offender’s prior convictions.

The defendant, Jason Leslie Curnew, brought an application to stay proceedings for sexual assault under s. 11(b) of the Charter, alleging unreasonable delay.

The total delay from charge to anticipated end of trial was 41 months.

The court dismissed the application, finding that after deducting defence-attributable delay, the net delay was 865 days, which is below the 30-month presumptive ceiling established in R. v. Jordan.

The court found that defence counsel had not demonstrated a sustained effort to expedite the proceedings, attributing significant periods of delay to counsel's unavailability and procedural failures.

The accused was charged with second-degree murder and interfering with a body.

The court found that while the accused appreciated the nature and quality of his acts and knew they were legally wrong, his schizophrenia rendered him incapable of knowing his conduct was morally wrong.

Based on expert psychiatric opinions and other evidence, the court concluded that the accused met the burden of proof for the Not Criminally Responsible by reason of mental disorder (NCR-MD) defence under s. 16(1) of the Criminal Code.

The accused, C.V., was charged with two counts of sexual interference and two counts of sexual assault against his former stepdaughter, A.T., relating to two instances of massaging in 2018 when A.T. was 14 or 15.

The court found A.T.'s testimony to have significant reliability concerns due to lack of recall and inconsistencies, particularly regarding the second massage witnessed by her mother, J.S. However, the court relied heavily on the accused's own statements, including a "confessions of sins" letter to his HR manager, which revealed his sexual purpose in performing the massages.

Despite the massages not appearing overtly sexual to an objective observer (J.S.), the accused's admitted sexual intent was sufficient to establish the sexual nature of the touching.

The accused was found guilty on all counts, with the sexual assault counts proposed to be stayed under the Kienapple principle.

The defendant, Rodrigo Flores-Romero, was convicted by a jury of manslaughter in the death of a nearly 3-year-old child.

The Crown sought a 12-year sentence, while the defence proposed 6-8 years.

The court found the offence to be an aggravated manslaughter, emphasizing the victim's vulnerability, the breach of trust, the brutality of the assault, and the defendant's calculated efforts to conceal the crime.

The court rejected the defendant's claim of accidental injury and lack of genuine remorse.

Considering statutory directives for denunciation and deterrence, and mitigating factors such as the defendant's personal challenges and pre-trial custody, the court imposed a global sentence of 10 years imprisonment, with 4 years credit for pre-sentence custody, resulting in 6 years remaining.

The accused, Pengxiang Wang, was charged with impaired care and control of a motor vehicle and having over 80 mg of alcohol in his blood.

The defence challenged the admissibility of evidence, alleging breaches of Charter rights under ss. 8, 9, 10(a), and 10(b), primarily related to arbitrary detention, unlawful search and seizure, and delays in informing him of rights and providing access to counsel in Mandarin.

The court found no Charter breaches, determining that police had reasonable grounds for detention and arrest, and that Mr. Wang understood his rights despite a language barrier, with officers taking reasonable steps to provide a Mandarin interpreter and access to duty counsel without delay.

Consequently, the evidence was admitted, and the accused was found guilty on both counts.

Makara Cheung was charged with impaired operation of a motor vehicle and having a blood alcohol concentration over 80 mg.

He was found asleep in his running vehicle after a company holiday party, with high blood alcohol readings.

The defence argued he had no intention to drive and had arranged for his wife to pick him up, thus rebutting the presumption of care or control.

The court found the wife's testimony not credible and rejected the defence's plan.

Considering the defendant's extreme impairment, readily available keys, running vehicle, and unpredictable conduct, the court concluded there was a realistic risk of danger to persons or property.

Cheung was found guilty on both counts.

The accused was convicted of sexual assault against his stepbrother following a three-day trial.

The Crown sought 90 days incarceration followed by two years probation, emphasizing denunciation and deterrence.

The defence sought a non-custodial sentence or alternatively a 90-day conditional sentence.

The court imposed a 90-day conditional sentence served in the community, followed by two years probation with conditions including house arrest, counselling, community service, and a no-contact order.

The court found that a conditional sentence was appropriate given the offender's youth, lack of criminal record, stable family support, and the absence of a mandatory minimum sentence, while still achieving denunciation and deterrence through the conditions imposed.

The accused was charged with sexual assault against a minor complainant over a period of approximately one year.

The Crown presented evidence from the complainant and his younger sister, both under 18 years old, supported by video-recorded statements under section 715.1 of the Criminal Code.

The accused denied all allegations.

The court found the complainant's testimony credible and reliable, noting the plausibility of the evidence, corroboration from the sister's testimony, and internal consistency with the narrative.

The court convicted the accused of sexual assault, finding that the Crown had proven the allegation beyond a reasonable doubt, though the court could not establish that the touching commenced prior to the complainant's sixteenth birthday.