Daniel Goldbloom

The offender was convicted of administering a noxious substance and invitation to sexual touching in relation to his 11-year-old great-niece.

The court stayed a trafficking charge under the Kienapple principle.

The offender provided the child with crack cocaine and urged her to touch his penis.

The court found the offender was in a position of trust and the victim was vulnerable.

The court imposed consecutive sentences of 9 months for administering a noxious substance and 12 months for invitation to sexual touching, for a total of 21 months' incarceration.

The court declined to grant enhanced pre-sentence credit for bail or lockdown conditions.

The appellant appealed a finding of not criminally responsible (NCR) for possession of cocaine and breach of recognizance.

He argued that his trial counsel provided ineffective assistance by failing to oppose the Crown's application for an NCR assessment order and by failing to withdraw from the case.

He also argued that the application judge erred in making the assessment order.

The Summary Conviction Appeal Court dismissed the appeal, finding no miscarriage of justice or incompetence by trial counsel, and concluding that the assessment order was properly made as the appellant had repeatedly placed his mental state in issue through his bizarre statements in court.