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Ontario Court of Appeal dismissed Umair Khawaja’s conviction appeal and upheld his seven-year sentence for sexual offences against a 15-year-old complainant.
The Ontario Court of Appeal dismissed most of a sentence appeal in a child sexual offence case, set aside one unavailable prohibition order, and admitted fresh Gladue-related evidence.
Ontario Court of Appeal upheld convictions for sexual assault and sexual interference, finding the trial judge’s credibility reasons sufficient. The sexual assault conviction was stayed under Kienapple.
The Ontario Court of Appeal dismissed the appellant’s challenge to convictions for assault and sexual exploitation, finding no reversible error in the trial management or jury instructions.
The trial judge made permissible credibility and factual findings after applying the W.(D.) framework to the totality of the evidence, including defence witnesses; those findings were supported by the record and not subject to appellate interference, so the convictions were upheld.
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The appeal is dismissed because the trial judge did not misapprehend the complainant's trial testimony (which supported '7-8' incidents), appropriately treated ambiguous portions of the s.715.1 statement as out-of-court narrative not admissible for truth, accounted for uncertainties in peripheral details when assessing credibility, and the surveillance camera argument was speculative and insufficient to overturn the convictions.
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The Court held the guilty verdicts were not unreasonable because independent corroborating evidence supported the facilitation offences despite the jury rejecting allegations of drugging and force, and the trial judge properly applied Friesen and proportionally weighed the appellant's significant intellectual disabilities and background; accordingly the convictions were upheld except that the procuring conviction was stayed on consent under Kienapple, and the Crown's appeal of sentence was dismissed because the conditional sentence, while exceptional, was within the trial judge's reasonable d…
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Sentencing reasons in a sexual offences case involving a minor, where the court imposed 48 months on the main count, concurrent 90-day terms, and ancillary orders.
The presumptions in ss.171.1(3) and 172.2(3) violate s.11(d) of the Charter and cannot be saved; the trial judge relied on those presumptions in convicting the appellant on multiple child exploitation counts involving non‑testifying alleged victims; accordingly those convictions are set aside and new trials ordered; the proviso is not applied because appellate fact‑finding would be extensive and would unfairly deprive the appellant of trial under the correct legal regime; the global determinate sentence is otherwise fit and is upheld except where individual counts produced illegal determinate…
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The trial judge correctly applied the law and made credible findings based on the complainants' viva voce evidence; appellate court will not disturb credibility findings or a fit sentence absent error in principle or demonstrable unfitness; two convictions for exercising control were stayed under Kienapple; remainder of convictions and the 10.5-year custodial sentence and 10-year long-term supervision order are upheld.
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