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The Ontario Court of Appeal dismissed Mohamed Abdalla’s appeal, upholding the trial judge’s findings that a safety search incident to detention was reasonable and that there was no s. 10(b) breach.
La Cour d’appel de l’Ontario a confirmé que les art. 42(5)(a) et 42(2)(p) de la LJCJ sont constitutionnels et a remplacé la peine par 18 mois de probation et 100 heures de travail communautaire.
The court varied an interim parenting order to reflect equal shared parenting, ordered a s. 211 report about A.B., refused exclusive occupancy, and dismissed retroactive child support.
The court dismissed a YCJA sentence review, confirming 18 months’ custody followed by 18 months’ supervision for a youth convicted of manslaughter.
The trial judge did not err: a sentencing judge may give significant weight to a youth record where the record demonstrates ongoing offending and heightened culpability, Summers credit properly provides an enhanced mathematical deduction for pre-sentence custody, and harsh pretrial conditions do not automatically require an additional Duncan deduction where the global sentence already reflects those conditions; the imposed sentence was fit and will not be disturbed on appeal.
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The Court upheld the trial judge's factual finding that the appellant's confession was voluntary because the officer's comments did not amount to an express or implicit promise sufficient to overbear the appellant's will and the confession was elicited by the strength of the evidence; additionally, there was no abuse of process because the Crown's trial theory was supported by the evidence and the plea facts did not incontrovertibly preclude the Crown's case.
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Appeal dismissed; the trial judge did not commit reversible error: the inconsistency about a television was properly characterized as a peripheral detail given the witnesses' ages and the detailed core accounts, and references to lack of embellishment were explanatory rather than an impermissible bolster of credibility; deference to the trial judge's credibility findings upheld the convictions.
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Sentencing reasons in a youth manslaughter case arising from the death of Carson Crimeni after MDMA supplied by J.C.P.-B. A three-year custody and supervision order was imposed.
The Court of Appeal for British Columbia varied two probation conditions in a youth sentencing appeal: one about residence rules and one about treatment consent.
Given the repeated, escalatory, and violent sexual offences against a very young child, the lack of acceptance of responsibility, limited support network and unreliable forensic assessment, the court concluded that a non-custodial sentence would be inconsistent with YCJA s.38 and imposed 16 months custody followed by 8 months community supervision, plus ancillary orders (DNA and firearms prohibition).
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