Dayna Tinkham

The accused was charged with attempted murder, assault with a weapon, aggravated assault, and uttering death threats following a confrontation in a parking lot near a Tim Hortons.

The incident arose from a noise complaint about music blaring from a vehicle.

The accused struck the complainant in the head with a baseball bat, causing serious facial injuries requiring surgical intervention.

The court found the accused guilty of assault with a weapon and aggravated assault, but acquitted him of attempted murder and the death threat charges.

The court rejected the defence of person for the aggravated assault, finding the response grossly disproportionate and unreasonable.

However, self-defence was found to apply to the assault with a weapon charge (the swing at Lucas Renzella during the fight) and to the uttering threats charges.

The offender, a 45-year-old first-time offender, pleaded guilty to sexual interference with an 8-year-old girl in a department store.

The Crown sought a jail sentence of 6-9 months followed by 3 years probation, emphasizing denunciation and deterrence.

The defence sought an 18-month conditional sentence order (CSO) followed by 3 years probation, arguing the offender's significant rehabilitation efforts and low risk of reoffending warranted community-based sentencing.

The court imposed an 18-month CSO with electronic monitoring and strict conditions, followed by 3 years probation, finding that the offender's genuine remorse, insight, participation in therapy, stable employment, and absence of aggravating factors made a CSO proportionate despite the seriousness of the offence and the need for denunciation and deterrence.