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Posts Tagged "assault"

4Oct

Ex-Gagetown soldier sentenced to 3 years for sexual assault released pending appeal | CBC News

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A former soldier at a Canadian forces base in New Brunswick who was sentenced Thursday in British Columbia to three years in prison for sexually touching an unconscious female colleague and secretly recording another using the washroom has been granted release pending an appeal.

Retired Cpl. Colin McGregor is appealing his court martial conviction and sentence at CFB Esquimalt in Victoria, said public affairs officer Maj. Edward Stewart.

The notice of appeal cites “the legality of any or all of the findings with regards to all [five] charges, and specifically the dismissal of the charter applications in respect of the search and seizure” of his home in Arlington, Va., in 2017, as well as “the delay,” said Stewart.

McGregor is also appealing the legality of the sentence imposed by the military judge, which included dismissal with disgrace from the Canadian Armed Forces, an order to provide a DNA sample for the sex offenders registry, and a 10-year prohibition from owning any weapons, including firearms, crossbows and explosives.

“It could be about six to nine months before the matter is heard,” said Stewart.

The court martial administrator has 90 days to produce the appeal book, and McGregor will then have 30 days to file his memorandum of fact and law, Stewart said. The Canadian Armed Forces will have 30 days to file a response and then a hearing date will be scheduled.

McGregor, who lives in Alberta, has been released on an undertaking to report his whereabouts to the military police, to not contact the complainants and to surrender himself into custody when required to do so, said Stewart.

The 14-year veteran was found guilty Monday of sexual assault, two counts of voyeurism, one count of possession of a device for surreptitious interception of private communication, and disgraceful conduct.

The offences occurred between Jan. 1, 2011, and Jan. 30, 2017.

The two victims were military members in Esquimalt and Washington at the time of the incidents, officials have said.

Sexual assault carries a maximum sentence of 10 years in prison.

McGregor was found not guilty on a second count of possession of devices and a charge of conduct to the prejudice of good order and discipline.

Victim discovered recording device

He was charged in May 2017 after the Washington-based victim discovered a recording device at her home.

Investigators and local police searched McGregor’s home and found a video of an alleged sexual assault in Esquimalt in 2011, officials previously said.

“A number of computers, hard drives, computer equipment and other media storage devices” were seized.

McGregor, who was a resource management support clerk with Canadian defence liaison staff in Washington when he was charged, was subsequently moved to the 5th Canadian Division Support Base Gagetown in Oromocto, N.B.

He retired from the military in September 2017.

He joined the Armed Forces as a regular member of the Canadian Army in July 2003 and served on various bases over the years, including Kingston and Borden, Ont.

He has also deployed on three missions: Bahrain in 2006, Afghanistan in 2011, and Kuwait in 2014.

3Oct

Three teens plead guilty in St. Michael’s sex assault scandal

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Katherine DeClerq, CTV News Toronto


Published Thursday, October 3, 2019 11:29AM EDT


Last Updated Thursday, October 3, 2019 11:57AM EDT

Three teenagers facing charges in a sexual assault scandal at St. Michael’s College School last year have pleaded guilty.

The teens pleaded guilty to sexual assault with a weapon and assault with a weapon on Thursday morning inside a Toronto courtroom.

One of the three teenagers also pleaded guilty to distributing child pornography.

In November of last year, six boys were charged in connection with the alleged sex assault of a student at the all-boys private school.

According to police, videos of the incident, which occurred inside a washroom at the school, began circulating between students and on social media.

A few months later, police said they were investigating two additional incidents. Eight students were expelled from school as a result and a seventh student was formally charged by police.

The students were each facing charges of sexual assault, gang sexual assault and sexual assault with a weapon.

Charges against one of the seven students were withdrawn in August and the cases against two others have concluded, although Ontario’s Ministry of the Attorney General would not say at the time what the outcomes were of those cases.

The last student facing charges has a court hearing scheduled for Oct. 17.

The teenagers who pleaded guilty on Thursday are scheduled to attend a sentencing hearing on Nov. 14.

They cannot be identified under the Youth Criminal Justice Act.

This is a developing news story. More to come.

With files from The Canadian Press

31Jul

VPD asks for help identifying pair connected to serious assault of man in wheelchair

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VPD detectives are asking for the public’s help to identify two people who may have information about a serious assault to a man in a wheelchair in early July.


Handout / VPD

Vancouver police are asking the public for help identifying two people connected to the serious assault of man in a wheelchair earlier this month.

According to police, a 44-year-old Vancouver resident was left with serious injuries after being attacked in the underground parking lot of an apartment building on Cecil Street near Kingsway on July 4.

On Wednesday, police released images of two people captured on a CCTV camera near the scene of the assault. The pair have not been named as suspects, but VPD investigators believe they may have useful information about the incident nevertheless.

“The VPD believes the two individuals in the photos, a man and a woman, may have information about this assault. We are hopeful that the public can assist us in identifying the pair,” said Sgt. Jason Robillard.  

While the images are grainy, the male in the photo is believed to be a white man with a slim build and blonde hair. He was wearing a denim jacket, a shirt with a large “O” on the front, black shorts, black flip flops, and a black baseball hat. The woman, also believed to be Caucasian, has a medium build and orange or blonde hair. She was wearing a black, cropped top, a red jacket, green camouflage-print capri pants, and sandals.

Anyone who may recognize the couple in the photos is asked to call the VPD.

29Jul

Care home aide not guilty of 6 sex assault charges

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CTV Vancouver Island


Published Monday, July 29, 2019 10:23AM PDT


Last Updated Monday, July 29, 2019 12:26PM PDT

A Victoria care home aide walked free from court Monday, moments after he was cleared of several charges of sexually abusing elderly and disabled patients.

Amado Ceniza was charged with six counts of sexual assault and exploitation of a person with a disability in relation to alleged crimes against three women last July at Aberdeen Hospital.

The women had testified that Ceniza groped and kissed them without their consent. All three women are elderly and have mobility issues, two relying on wheelchairs, and another who uses a walker.

The judge said Monday that there were concerns about collusion between alleged victims in the case, whether intentional or not.

The judge also found inconsistencies in testimony about the chronology of events and descriptions of the alleged perpetrator.

Ceniza pleaded not guilty to the charges and denied the allegations throughout the trial.

The judge applauded the women for their bravery during the trial and said greater attention will be paid to these cases because of their advocacy.

The judge did find that there was a probability that Ceniza tried to hug and kiss two of the complainants, and found his conduct to be highly unprofessional.


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5Jun

‘I am afraid’: Taxi driver’s sexual assault to result in deportation to India | CBC News

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In his bid to remain in Canada, Gurpreet Singh Gill lamented the impact of his crime on many collateral victims.

His wife — who faces the loss of her home. His daughter — who may have to leave private school and dance lessons. His son — born 10 days before Gill sexually assaulted a passenger in his taxi cab in 2012.

But there’s one victim the 42-year-old didn’t mention in his plea for compassion from a Canadian Federal Court judge: the young woman who said Gill’s actions changed her life forever.

“I am already filled with regret from my actions and conviction. I have brought shame to my family, and I understand that there are consequences for my conduct,” Gill wrote in an affidavit sworn to bolster his case to avoid deportation.

“However, my deepest regret is that my children will suffer for my conduct.”

A ‘tipsy’ passenger

Last week, Judge Luc Martineau dismissed Gill’s application for a judicial review of an immigration officer’s decision to reject the Surrey man’s attempt to stay in Canada on humanitarian and compassionate grounds.

The ruling brings to an end a tragic journey that began with Gill’s arrival in Canada a decade ago with his wife and young daughter.

Although highly educated, he was unable to get his Indian degrees accepted for Canadian certification and ended up working as a Yellow Cab taxi driver.

Gurpreet Singh Gill was working as a Yellow Cab taxi driver when he sexually assaulted a young female passenger in September 2012. (Shutterstock)

And on Sept. 2, 2012, at approximately 1:45 a.m., a woman referred to in court documents as K hopped into the front seat of his cab after leaving a bachelorette party.

She was tipsy. And after giving directions to her boyfriend’s house, K fell asleep.

Gill put the visor on the passenger side down, blocking the security camera’s view of the inside of the cab — a factor the sentencing judge would later claim as aggravating.

According to the record of the case, Gill touched K’s leg and she brushed his hand away, saying “no.” He then pushed her underwear aside and stuck two fingers into her vagina.

“Ms. K reacted by saying ‘stop’ and hitting the accused’s forearm. She then moved closer to the passenger side door,” the sentencing decision says.

Gill “tried to kiss her, and ultimately slobbered on Ms. K’s left lip and cheek area.”

He dropped her off at her boyfriend’s house and in the hours that followed, she underwent a forensic sexual assault examination at B.C. Women’s Hospital.

Referred to his sexual assault as ‘non-violent’

The subject of Gill’s possible deportation came up during the sentencing proceedings, because the judge was asked to consider a suspended sentence or a maximum of six months less a day — both of which would have seen him stay in Canada.

But the sentencing judge rejected that logic.

“This was disgraceful and disgusting conduct committed by a man in a position of trust who Ms. K was entitled to believe would transport her in a safe and reliable environment to her destination,” wrote B.C. Supreme Court Justice Patrice Abrioux.

Gurpreet Singh Gill fought his sentencing and conviction all the way to B.C.’s Court of Appeal, and he fought his deportation in Federal Court. He has lost every step of the way. (David Horemans/CBC)

A jury convicted Gill in 2014 and he was sentenced to three years in 2015. He fought the case to B.C.’s Court of Appeal, where his sentencing and conviction were upheld in 2017.

According to the Federal Court ruling, Gill’s wife and daughter didn’t tell his six-year-old son that he was in jail.

“They tell him that their father is working ‘there’ and because it is far from their home, he has to live there,” the decision says.

He was granted day parole, but the parole board denied Gill full parole, saying he continues to minimize his actions: “Indeed in his application for parole, he referred to his sexual assault as, ‘non-violent.'”

‘Breach of the social contract’

Gill was ordered deported in November 2017.

In his affidavit, Gill says his wife won’t be able to pay their mortgage without him and his children may have to leave the private school that costs the family $4,000 a year.

“I am afraid to return to India,” Gill wrote.

“More than that, I have so much fear about leaving my wife and children alone and without support in Canada.”

Gill also claimed his parents had been shunned in India by other family members as a result of his actions. And he feared worse.

“My conviction is known in India,” he wrote.

“I am afraid that my conviction may be used against me.”

But Martineau said he saw no reason to intervene in the deportation process, saying it was Gill’s actions that led to his criminal inadmissibility to Canada.

“This breach of the social contract can lead not only to consequences imposed by the criminal court,” the judge wrote.

“But also to [Gill’s] loss of his immigration status and related privileges.”


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16May

Longtime Penticton lifeguard facing child porn, sex assault charges: RCMP

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A Penticton man who worked as a lifeguard for decades is facing a slew of charges related to child pornography and sexual assault.

In a statement, Mounties said Edward Casavant, who also goes by “Eddie Spaghetti,” is facing 10 counts in connection with incidents that allegedly took place between 2008 and 2014:

  • 2 counts of making or publishing child pornography
  • 1 count of importing or distributing child pornography
  • 1 count of possession of child pornography
  • 1 count of accessing child pornography
  • 1 count of secretly observe/record nudity in private place
  • 1 count of sexual exploitation of a person with a disability
  • 1 count of sexual assault
  • 1 count of sexual interference of person under 16
  • 1 count of Invitation to sexual touching under 16

He was arrested on Wednesday.

This is a breaking news story and will be updates as more information becomes available


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16May

Longtime Summerland lifeguard facing child porn, sex assault charges: RCMP

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CTV News Vancouver


Published Thursday, May 16, 2019 1:55PM PDT


Last Updated Thursday, May 16, 2019 4:22PM PDT

A Penticton man who worked as a lifeguard for decades is facing a slew of charges related to child pornography and sexual assault.

In a statement, Mounties said Edward Casavant, who also goes by “Eddie Spaghetti,” is facing 10 counts in connection with incidents that allegedly took place between 2008 and 2014:

  • Two counts of making or publishing child pornography
  • One count of importing or distributing child pornography
  • One count of possession of child pornography
  • One count of accessing child pornography
  • One count of secretly observe/record nudity in private place
  • One count of sexual exploitation of a person with a disability
  • One count of sexual assault
  • One count of sexual interference of person under 16
  • One count of Invitation to sexual touching under 16

The 54-year-old was arrested on Wednesday.

RCMP say he worked as a lifeguard for over 30 years, beginning in the late 1980s, and also volunteered at various local summer camps and community events.

“Police believe Casavant used his position to gain access to school aged children,” said Cpl. Chris Manseau in a statement.

The District of Summerland, where Casavant worked until retiring in late 2018, called the allegations “deeply unsettling.”

“We recognize this situation is deeply upsetting to our community — to any community. It’s upsetting to us as well. We know people will have questions, and we will do our best to answer them when it is appropriate and when we have the authorities’ permission to do so,” Summerland Mayor Toni Boot said in a statement.

Boots said the district is focusing on helping those impacted by the alleged incidents.

Mounties say they have identified at least two victims, but believe there are more who either may not have reported their interaction or may not be aware they are a victim.

Anyone with more information is asked to report to the police in their jurisdiction or to call Penticton RCMP at 250-276-2177.


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16May

Longtime Summerland lifeguard ‘Eddie Spaghetti’ facing child porn, sex assault charges

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CTV News Vancouver


Published Thursday, May 16, 2019 1:55PM PDT


Last Updated Thursday, May 16, 2019 5:28PM PDT

A Penticton man who worked as a lifeguard for decades is facing a slew of charges related to child pornography and sexual assault.

In a statement, Mounties said Edward Casavant, who also goes by “Eddie Spaghetti,” is facing 10 counts in connection with incidents that allegedly took place between 2008 and 2014:

  • Two counts of making or publishing child pornography
  • One count of importing or distributing child pornography
  • One count of possession of child pornography
  • One count of accessing child pornography
  • One count of secretly observe/record nudity in private place
  • One count of sexual exploitation of a person with a disability
  • One count of sexual assault
  • One count of sexual interference of person under 16
  • One count of Invitation to sexual touching under 16

The 54-year-old was arrested on Wednesday.

RCMP say he worked as a lifeguard for over 30 years, beginning in the late 1980s, and also volunteered at various local summer camps and community events.

“Police believe Casavant used his position to gain access to school aged children,” said Cpl. Chris Manseau in a statement.

The District of Summerland, where Casavant worked until retiring in late 2018, called the allegations “deeply unsettling.”

“We recognize this situation is deeply upsetting to our community — to any community. It’s upsetting to us as well. We know people will have questions, and we will do our best to answer them when it is appropriate and when we have the authorities’ permission to do so,” Summerland Mayor Toni Boot said in a statement.

Boots said the district is focusing on helping those impacted by the alleged incidents.

Mounties say they have identified at least two victims, but believe there are more who either may not have reported their interaction or may not be aware they are a victim.

Anyone with more information is asked to report to the police in their jurisdiction or to call Penticton RCMP at 250-276-2177.


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19Mar

Police ask public’s help identifying suspects in Vancouver assault captured on video

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A year after it happened, the Vancouver Police Department (VPD) is asking the public for help identifying two men in connection with two assaults which took place during a fight in Yaletown on March 31, 2018. 

The VPD has released a video captured by Pierre’s Champagne Lounge’s security camera which it says shows the first assault during the fight.

Police say staff at the lounge, located at the corner of Mainland Street and Nelson Street, called 911 to report a fight at roughly 2 a.m. PT on a Saturday.

When officers arrived, they found two alleged victims of the assaults. The men had fled the scene. One victim, a 28-year-old Burnaby man, was taken to hospital with serious head injuries. The other victim had minor injuries.

The video shows a man — wearing an Adidas cap and striped track suit jacket — punching the 28-year-old Burnaby man in the head, outside the lounge’s front door. VPD say the punch took the victim off guard and he fell to the street, possibly hitting his head against the sidewalk.

On the video, the cap-wearing man quickly walks away from the victim, who, VPD say, was unconscious at this point in the altercation. The second suspect is shown standing over the victim. He appears to lean over the unconscious man, gesture at him and take his picture.

“At one point, he appears to take a photograph with his phone,” said VPD spokesperson Sgt. Jason Robillard. “When someone is hurt, you might want to assist. But he didn’t.”

During the same incident, following what police say was a sucker punch, the second suspect allegedly assaulted a second victim, an associate of the Burnaby man.

Security video shows man delivering what police describe as a sucker punch

The video, captured by a bar’s security camera, shows one suspect sucker punching an alleged victim early Saturday morning. Police are asking for the public’s help in identifying the two suspects highlighted in the video. 0:33

Robillard said police are releasing the video now, a year after the “cowardly” assault, with the hope that the public will be able to help identify the two suspects.

“This is a serious, disturbing assault. The victim continues to deal with the effects of his life-changing injuries,” said Robillard.

“Detectives have been working behind the scenes to identify the suspects, but we now need the public’s help. We want to talk to all of the people involved and get their version of what took place that night.”

Anyone with information is asked to call the Vancouver Police Department or Crime Stoppers anonymously at 1-800-222-8477.


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9Mar

North Vancouver police release sketch of suspect in alleged sexual assault

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Police in North Vancouver are asking for help in identifying a man in an alleged sexual assault.

North Vancouver RCMP are investigating after a woman reported that on Feb. 27 she was assaulted after letting a man inside her home to use the washroom.

Police say the home is in the Upper Capilano area of North Vancouver.

On Saturday, police released a sketch of the suspect in the case and said investigators don’t believe the public is at risk.

Police also offered a warning with the release to remind people not to allow strangers into their homes.

Officers are asking anyone who can identify the person in the sketch to contact Cst. Jeewan Bassi at 604-985-1311.




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