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Trial judgment on drug trafficking and weapon charges: acquittals on trafficking counts, convictions for simple possession of fentanyl and for possessing a machete for a dangerous purpose.
Sentencing reasons for a firearm attack on the Vanderhoof RCMP detachment. The court imposed 10 years total, with one count stayed under Kienapple.
The court acquitted on attempted murder and two firearm/driving counts, but convicted on reckless firearm discharge, weapon possession, flight from police, and mischief offences.
The Court dismissed the appeal: the jury was properly instructed that intent to sexually assault was the core element and the Crown was not required to prove the precise method of access; the convictions were reasonable on circumstantial evidence and consistent with acquittals on other counts; and the dangerous offender designation was reasonable based on the uncontroverted expert evidence and the appellant’s psychiatric and criminal history.
Source excerpt
Given the use of a knife to inflict a serious, permanently scarring injury to the victim's face, the offender's record, his flight from police and limited near-term prospects for rehabilitation, a custodial sentence of four years was the least restrictive sentence that reflected his moral culpability; related offences receive short concurrent sentences; ancillary orders (life weapons prohibition, DNA, forfeiture) and restitution for lost wages are appropriate.
Source excerpt
Balancing denunciation, specific deterrence, proportionality, parity and limited mitigation (including Gladue context and harsher COVID remand conditions), the appropriate global sentence is four years' custody (1,460 days) with 1.5 days remand credit for 300 days (450 days) resulting in a go‑forward custody term of 1,010 days; concurrent shorter sentences for related counts, count 4 stayed; ancillary orders imposed (10‑year firearms prohibition, DNA order, no contact in custody).
Source excerpt
Sentencing for break and enter, threats, and weapon possession, with Gladue factors, rehabilitation, and ancillary orders including probation and a weapons ban.
The Crown failed to prove identity beyond a reasonable doubt: the identification evidence (complainant and Dustin) is inconsistent and not credible in material respects, there is no forensic or electronic corroboration, and the late-disclosed alibi by the accused (supported by family testimony) raises a reasonable doubt; accordingly the accused must be acquitted.
Source excerpt
After a jury convicted him of five aggravated assaults and one weapons offence, the court imposed concurrent jail terms, probation, DNA and weapons orders.
The court convicted K.M. of sexual assault, assault with a weapon, weapon possession and threats, but acquitted him of unlawful confinement.
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