2 total
Conditional sentence terminated and offender committed to custody for 21 months after forging employment documents.
The offender was serving a conditional sentence for fraud over $5,000.
The Crown alleged she breached the order by providing forged employment contracts and paystubs to her supervisor to gain exceptions to her house arrest condition.
The court found the breaches established on a balance of probabilities, noting the offender's calculated deceit and fabrication of documents.
Applying the presumption of incarceration for unjustified breaches, the court terminated the conditional sentence and committed the offender to custody for the remaining 21 months of her sentence.
The accused was acquitted of sexual assault due to reasonable doubt from competing plausible narratives.
The accused was charged with sexual assault following an alleged incident at a co-worker's birthday celebration.
The complainant had significant memory gaps due to intoxication and alleged she was sexually assaulted while unconscious or incapable of consenting.
The accused denied the allegations, providing a substantially different account of events.
The court applied the W. (D.) framework and found that while the complainant's evidence regarding the kissing incident was credible, the accused's alternative account was plausible and could not be rejected based on the evidence presented.
The Crown failed to establish guilt beyond a reasonable doubt, and the charges were dismissed.
