C. Pirraglia

The accused was sentenced following convictions after a judge-alone trial for multiple violent offences arising from a home invasion, including sexual assault with a weapon, robbery with a weapon, unlawful confinement, break and enter, and possession of property obtained by crime.

The offences involved a home invasion targeting two occupants, during which the accused used a knife, sexually assaulted both victims, and robbed them.

The court considered extensive aggravating factors including the home invasion context, use of a weapon, severe sexual violence, and significant psychological harm to the victims.

Mitigating factors included the accused’s youth, lack of criminal record, supportive family background, and limited expressions of remorse.

Emphasizing denunciation and general deterrence while recognizing the offender’s status as a youthful first offender, the court imposed a global sentence of nine years’ imprisonment with credit for pre‑sentence custody and strict bail conditions.

The applicant sought leave under s. 745.6 of the Criminal Code to proceed to a jury hearing for potential reduction of the 25‑year parole ineligibility period imposed for first degree murder.

The court applied the amended threshold under s. 745.61 requiring proof on a balance of probabilities that there is a substantial likelihood the application would succeed before a jury.

While the applicant demonstrated positive institutional conduct and program participation during incarceration, risk assessments continued to rate him as a moderate risk for violent recidivism and a high risk for sexual reoffending.

Considering the nature of the offence, the applicant’s criminal history, and continuing public safety concerns, the court concluded the statutory threshold was not met.