Tasha Bobrovitz

The appellant appealed his conviction and sentence for sexual assault.

The complainant testified that the appellant touched her vagina while they were in bed, but there was a discrepancy in the transcript regarding whether the touching was over or under her clothing.

The trial judge concluded the touching was intentional because it was under the clothing, but later stated during sentencing that it was over the clothing.

The summary conviction appeal judge found the trial judge provided insufficient reasons for resolving this critical discrepancy and concluding the touching was intentional.

The appeal was allowed, the conviction was set aside, and a new trial was ordered.

The offender was convicted of manslaughter for his role in facilitating a home invasion that resulted in the shooting death of the victim.

The Crown sought an eight-year sentence, arguing the four-year mandatory minimum for manslaughter with a firearm applied.

The court found the mandatory minimum did not apply because the offender did not know firearms would be used.

After weighing the aggravating factors of the violent home invasion against significant mitigating factors, including the offender's youth, lack of record, and extensive rehabilitation over ten years on bail, the court imposed a total sentence of five years.

With credit for pre-sentence custody and time spent on strict bail conditions, the remaining sentence to serve was two years and five months.