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The court accepted a joint sentence for firearm-related robbery and possession offences, imposed concurrent custodial terms, and ordered forfeiture, DNA sampling, and a lifetime firearms ban.
The Court of Appeal found the trial judge erred in law by misapplying the standard of review for warrants and evaluating the ITO piecemeal; when the ITO is considered as excised and amplified the combined DNA matches across scenes, the fingerprint in the stolen vehicle, and corroborative surveillance and seized items constituted sufficient credible and reliable evidence upon which an issuing judge could reasonably have been satisfied there were reasonable and probable grounds to issue the DNA warrant. The quashing of the DNA warrant was therefore overturned and a new trial ordered on counts 1…
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The court sentenced Mohammed Yusuf for sexual assault causing bodily harm to two years less a day conditional sentence, with house arrest and ancillary orders.
Sentence for aggravated assault on an infant child. The court imposed 28 additional months after crediting 13 months of pre-trial custody, plus ancillary orders.
The trial judge held that, after discounting erroneous or improperly obtained information, the remaining facts provided a sufficient foundation for issuance of the DNA warrant; both statements were admissible because they were the product of an operating mind and King’s taped statement showed awareness of consequences; the jeans were taken with valid informed consent despite intoxication; evidence implicating McRorie was sufficiently connected to be admitted; and the DNA evidence from the knife, while limited in strength, was sufficiently probative that its prejudicial effect did not outweigh…
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