The accused pleaded guilty to several offences, including break and enter to steal a firearm, motor vehicle theft, and possession of a firearm obtained by crime.
Following the theft, the accused crashed the stolen motorcycle and sustained a severe traumatic brain injury.
The accused brought a Charter challenge arguing that the one-year mandatory minimum sentence under s. 96(2)(a) of the Criminal Code constituted cruel and unusual punishment under s. 12 of the Charter, given his medical condition and vulnerability in custody.
The court dismissed the Charter application, finding the one-year sentence was not grossly disproportionate for the accused or in reasonable hypothetical scenarios.
The court imposed a global sentence of one year imprisonment, noting the correctional facility could accommodate the accused's medical needs.
