Alvin Joseph Shidlowski

The 82-year-old accused was found guilty of manslaughter for the domestic homicide of his wife.

At the time of the offence, the accused was experiencing a major depressive episode and subsequently entered a catatonic state.

The court weighed the gravity of domestic homicide against the accused's age, mental illness, lack of prior record, and harsh pre-sentence custody conditions exacerbated by the global pandemic.

The accused was sentenced to 5 years' imprisonment, reduced to 14 months and 26 days after applying enhanced credit for pre-sentence custody and lockdowns, followed by 3 years of probation.

The accused pleaded guilty to personation with intent and fraud over $5,000.

The fraud involved the accused impersonating his brother to facilitate a fraudulent mortgage scheme orchestrated by a mortgage broker.

The accused received a $10,000 benefit and made restitution.

The Crown sought a 12-month custodial sentence, while the defence sought a conditional sentence of 9-12 months.

The court imposed a 15-month conditional sentence with onerous terms followed by 2 years of probation, finding that a conditional sentence could adequately address denunciation and deterrence given the accused's relatively minor role, genuine remorse, early guilty plea, cooperation with authorities, and significant health issues.

The applicant appealed a Notice of Proposal by the Registrar to refuse his registration as a salesperson under the Motor Vehicle Dealers Act, 2002.

The applicant had a history of criminal convictions for fraud and theft, had previously acted as an unregistered salesperson while impersonating his brother, and failed to disclose pending charges and a restitution order on his registration applications.

The Tribunal found that the applicant's past conduct afforded reasonable grounds for belief that he would not carry on business with integrity and honesty.

The appeal was dismissed and the Registrar was ordered to refuse the registration.