T. Jacob

At a preliminary inquiry, the Crown sought to establish sufficient evidence to commit the accused to stand trial on charges of first degree murder of a seven-year-old step-son and attempted murder of a bank loans officer.

The defence conceded evidence supported committal on second degree murder and aggravated assault but contested first degree murder and attempted murder.

The court found evidence of planning and deliberation for the murder charge based on the accused's journal entries demonstrating prior animus toward the victim and brooding about the need to protect his biological son.

For attempted murder, the court found the accused's actions—stabbing the victim twice in the neck area and attempting a third strike—demonstrated intent to kill, particularly in context of the murderous rampage and threats recorded in the journal.

The accused was committed to stand trial on both charges.

The accused pleaded guilty to five omnibus fraud counts arising from a sophisticated debit card skimming scheme perpetrated against multiple financial institutions in Hamilton and Niagara.

The scheme involved installing card reader overlays and pinhole cameras on ATMs to capture debit card data and PINs, which were then used to create counterfeit cards for fraudulent purchases and cash withdrawals.

Total losses exceeded $86,000.

The court rejected conditional sentences despite mitigating factors including guilty pleas and first-offender status for one accused, imposing custodial sentences due to the sophisticated nature of the scheme, its extent, premeditation, and the need for denunciation and deterrence.

The accused pleaded guilty to failing to remain at the scene of an accident and render assistance, contrary to section 252(1.3) of the Criminal Code, after his tractor-trailer struck a van on the Queen Elizabeth Way, resulting in the death of an eleven-year-old child and injuries to eight other occupants.

The Crown sought 90 days imprisonment; the defence sought a suspended sentence, conditional sentence, or intermittent sentence.

The court rejected both suspended and conditional sentences as inconsistent with the principles of denunciation and general deterrence required for this offence.

The court imposed an intermittent sentence of 90 days, probation for three years with conditions including 150 hours of community service, and a driving prohibition.