Brandon J. Chase

The offender pleaded guilty to two counts of residential break-and-enter and one count of failing to comply with probation.

Despite an abysmal criminal record including manslaughter, the offender demonstrated remarkable rehabilitation over 871 days on bail, overcoming a severe drug addiction and establishing a pro-social life.

The court found that these exceptional circumstances warranted a departure from the usual penitentiary sentence to prioritize specific deterrence and rehabilitation.

The offender was sentenced to a conditional sentence of two years less a day for the breach, followed by three years of probation, and received suspended sentences for the break-and-enters.

Two child protection cases were heard on the same date following the proclamation of the Child, Youth and Family Services Act, 2017 into force on April 30, 2018.

The first case involved an 11-year-old autistic child brought into care due to the mother's inability to manage significant behavioural problems.

The second case involved an infant under two months old brought into care due to the mother's mental health concerns.

Both cases were at the case conference stage with adjournments granted to allow the Children's Aid Societies to develop service plans consistent with the new statutory purposes and to report back to the court.

The Crown appealed the sentence imposed on the respondent for breaking into a home, stealing a loaded handgun, and selling it for drugs.

The sentencing judge imposed a one-year sentence for the firearm offence and a consecutive 12-month conditional sentence for the break and enter.

The Court of Appeal found the conditional sentence was illegal because the maximum penalty for break and enter is life imprisonment.

The majority allowed the appeal, imposing a three-year global sentence and ordering the respondent to serve the remaining 479 days in custody, emphasizing denunciation and deterrence.

The dissenting judge would have stayed the remaining sentence to avoid reincarceration.