Thomas McCann

The accused, Ameen Jazei, was found guilty of kidnapping and assault.

This decision outlines the reasons for the sentence imposed.

The court considered aggravating factors, including the use of an imitation firearm and a group attack, and mitigating factors such as his youth at the time of the offence and significant family support.

The judgment also addressed pre-sentence custody credits (Summers and Duncan credits).

The Crown sought 3.5 years in penitentiary, while the defence argued for a conditional sentence or a three-month jail term.

The court determined that a conditional sentence was inappropriate given a bail breach and subsequent serious offence.

A 12-month custodial sentence for kidnapping and a concurrent 5-month sentence for assault were imposed, followed by 2 years of probation.

The applicant sought a stay of proceedings under s. 11(b) of the Charter due to unreasonable delay.

The total delay was 791 days, exceeding the 18-month presumptive ceiling for provincial court cases.

The court deducted periods of delay attributable to the defence (late disclosure receipt, late Crown Pre-Trial, and defence unavailability for an earlier trial date), resulting in a net delay of 643 days.

The Crown argued for exceptional circumstances (power outage, technology issues), but the court found these did not cause the delay, attributing the delay instead to the Crown's failure to prioritize the matter.

The application for a stay of proceedings was granted.

The defendant, Bardott Walters, was charged with three counts of assault against her two daughters and husband.

The court found significant credibility and reliability issues with the complainants' testimony, noting a strong motive to fabricate due to ongoing acrimonious family law proceedings and evidence of collusion among the complainants.

The Crown failed to prove guilt beyond a reasonable doubt, leading to the defendant's acquittal on all counts.