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The court convicted the accused on Count 2 under s. 152, finding Valentine’s Day gifts and messages were a sexual invitation to a child, but acquitted on Counts 1 and 3.
The Ontario Court of Appeal upheld convictions for intimidation and criminal harassment, but set aside the breach-of-undertaking conviction on count four and ordered a new trial on that count.
Ontario Court of Appeal upheld a sexual assault conviction, finding no air of reality to an honest-but-mistaken-belief instruction and no error in the jury charge.
The trial judge reasonably inferred specific intent as to one targeted witness from the appellant's recorded statements and the circumstantial evidence; the divergent verdicts were rationally reconcilable because the evidentiary cogency of intent differed between the two counts, therefore the conviction must be upheld and the appeal dismissed.
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The Court of Appeal for Ontario dismissed an appeal from a conviction for attempted murder, holding the video and surrounding circumstances supported identity and specific intent.
The judge found beyond reasonable doubt that the accused deliberately selected and used a heavy 18-inch crescent wrench to strike the victim multiple times with force sufficient to cause death; the evidence did not establish advanced intoxication negating capacity and there was no air of reality to provocation; accordingly the accused had the specific intent required under s.229(a)(ii) and was guilty of second-degree murder.
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Viewing the video and circumstances objectively, the Crown proved beyond a reasonable doubt that the accused intentionally reached out and touched the complainant's buttocks and that the touching was done in a sexual manner, satisfying the elements of sexual interference (s.151) and sexual assault (s.271).
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The Supreme Court of Canada restored B.F.’s attempted-murder conviction for her mother and upheld the convictions involving the child, finding no instructional error.
The Ontario Court of Appeal dismissed Demar Kerr’s conviction appeals, holding the jury charge properly separated dangerous driving’s actus reus from mens rea.
The Supreme Court of Canada upheld a conviction under s. 171.1(1)(b) for transmitting sexually explicit material to a 15-year-old child to facilitate sexual offences.
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