Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Ontario Court of Appeal upheld convictions for human trafficking, threats, assault and drug trafficking, rejecting evidentiary, fairness and Browne v. Dunn arguments.
The Crown failed to prove beyond a reasonable doubt each charged offence because key allegations were undermined by material inconsistencies, implausibilities, lack of corroboration on central facts, and acceptable exculpatory evidence from the accused that raised reasonable doubt; accordingly the accused was acquitted on all counts.
Source excerpt
The sentencing judge lawfully considered collateral immigration consequences but reasonably concluded that given the gravity of the firearms and threatening offences, the appellant's high moral culpability, lack of remorse and limited rehabilitative information, there was no principled, proportionate way to impose a conditional or artificially reduced sentence to avoid deportation; the judge did not err in declining a CSO nor in the aggregate sentence, and the appeal is dismissed.
Source excerpt
Given the gravity of intimate-partner sexual assault and the primacy of denunciation and deterrence, but having found significant mitigating factors (notably alcohol-use disorder reducing moral culpability, absence of prior violent record, stable community supports and manageable risk), the Court concluded a community-based punitive sanction (a 10-month conditional sentence order, adjusted to account for 11 months remand credit) was fit; concurrent sentencing applied to the sexual assault and assault counts while threats and breach counts were consecutive; ancillary orders (DNA, 10-year SOIRA…
Source excerpt
Sentencing after conviction for breaking and entering a dwelling and careless firearm storage; the court imposed 22 months’ custody, consecutive terms, and ancillary firearms orders.
The Ontario Court of Appeal dismissed R.P.’s conviction appeal, holding the verdicts were supported by ample corroborative evidence and no ineffective assistance was shown.
The Ontario Court of Appeal dismissed J.F.’s conviction appeal, holding the trial judge properly assessed credibility, limited reasonable doubt to two incidents, and could consider lack of embellishment.
The bail application was dismissed because, although the appeal met the low 'not frivolous' threshold, the appellant failed the public interest limb of s.679(3)(c): on public safety grounds the appellant posed an unacceptable risk given the nature of the convictions (including a credible threat to kill), his trial testimony and unaddressed mental health/drug concerns; and on public confidence grounds enforceability considerations outweighed reviewability given the weakness of the appeal in the context of overwhelming evidence and serious aggravating conduct, therefore detention pending appeal…
Source excerpt
Read in context, the trial judge's limited references to communicated consent did not amount to reversible error because he reasonably found there was a reasonable doubt as to the occurrence of the April 29 sexual intercourse and the complainant's evidence about unspecified sexual punishments was equivocal; the extortion acquittal was supportable on the facts; the conditional sentence of two years less a day was not demonstrably unfit given mitigating factors and family consequences and because the Crown sought a substantially lower sentence at trial; the trial judge reasonably assessed incon…
Source excerpt
The Court of Appeal upheld firearm convictions against a Kienapple challenge, finding pointing a firearm and recklessly discharging it were distinct wrongs. A threats conviction was quashed.
Explore more
