Steven Richard Dallal

Trevor Clarke pleaded guilty to manslaughter for punching Paul Tonna, who subsequently died from a head injury.

The Crown sought a sentence of seven to nine years' imprisonment, while the defence sought a suspended or conditional sentence.

The court considered the circumstances of the offence, victim impact, and the offender's background, including his Indigenous heritage and significant rehabilitative efforts.

Applying Gladue principles, the court found that while denunciation and deterrence were primary, rehabilitation was a significant objective.

The court imposed a sentence of 28 months' imprisonment, reduced from 30 months due to harsh pre-sentence custody and strict bail conditions, followed by two years of probation.

A conditional sentence was deemed unavailable as a penitentiary sentence was required.

The accused was charged with five offences arising from an incident in his apartment: uttering death threats, sexual assault, unlawful confinement, robbery, and administering an overpowering drug.

The Crown's case relied primarily on the complainant's testimony.

The trial judge found significant credibility and reliability concerns with the complainant's evidence, including inconsistencies regarding timelines, her failure to leave despite multiple opportunities, and her motive to fabricate (to explain her late arrival home to an angry boyfriend).

Although the judge found the complainant was likely truthful about the overall events, a reasonable doubt arose from the accumulated inconsistencies.

The accused was acquitted on all five counts but convicted of the included offence of Theft Under $5000, as the evidence established he converted the complainant's property.