S. Turner

The accused was charged with manslaughter after a neighbourly dispute escalated.

The accused went to the deceased's garage to discuss an altercation that occurred the previous day between their wives.

The deceased became angry, threatened to kill the accused, and reached for what appeared to be a handgun (later determined to be a pellet gun).

In response, the accused punched the deceased once in the head, causing a rare vertebral artery tear that resulted in death.

The court found that the accused acted in lawful self-defence under section 34 of the Criminal Code, as he reasonably believed force was being threatened and his response was proportionate.

The accused was found not guilty.

The accused, Karina Arutunian, was charged with refusing to provide a breath sample into an ASD device at a RIDE program.

After multiple failed attempts and an outright refusal, she was arrested.

Immediately after arrest, she was allowed to contact counsel.

Following consultation, she requested another opportunity to provide a sample, which the officer refused.

The court considered whether the initial refusal was provisional or if she was entitled to a "last chance" to provide a sample.

Relying on similar summary conviction appeal cases, the court found that the request to blow, made promptly after speaking with counsel and while the officer and device were still on scene, was sufficiently proximate to the refusal to constitute one continuous transaction.

The court concluded the request was genuine and the officer should have accepted it.

The accused was acquitted.

Wilfred Kwok was found guilty after trial of possession of child pornography and making child pornography available.

The court imposed a concurrent sentence of 33 months for both charges.

The decision emphasized denunciation and deterrence as primary sentencing principles, noting the large collection of child pornography (5652 pictures and 65 videos) and the offender's lack of insight into his behaviour as aggravating factors.

While the efficient and focused conduct of the trial was a mitigating factor, it did not outweigh the need for specific deterrence given the absence of remorse or rehabilitation efforts.

The court also imposed a 10-year prohibition order under section 161 of the Criminal Code, a 20-year SOIRA order, and a DNA order.

The accused was charged with possession, accessing, and making child pornography available following the execution of a search warrant at his residence.

The Crown relied on circumstantial evidence, including the discovery of 5,652 accessible images and 65 accessible videos on two laptops and four hard drives seized from the basement room.

The evidence included user accounts named "wil," personal documents in the accused's name, and evidence of viewing and organizing the material.

The defence argued that the investigation was negligent and that other residents in the home could have possessed and accessed the computers.

The court found that the only reasonable inference from the evidence was that the accused had knowledge and control over the computers and the child pornography material, particularly Computer 1 which was password-protected and used by the accused as recently as June 2019.

The court convicted the accused on all charges.