E. Haydon

The offender pleaded guilty to possessing a loaded restricted firearm, a prohibited device, breaching two prohibition orders, and possessing cocaine for the purpose of trafficking.

The Crown sought a 6-year global sentence, while the defence sought 5.5 years.

The court imposed a global sentence of 5.5 years, granting 37 months of Summers credit for pre-sentence custody and an additional 11 months of Duncan credit due to harsh conditions at the Toronto South Detention Centre, exacerbated by the COVID-19 pandemic.

The offender was ordered to serve a further 18 months in custody.

The accused pleaded guilty to aggravated assault after severely beating his 66-year-old roommate, causing a near-fatal traumatic brain injury.

The attack was unprovoked and occurred while the accused was intoxicated.

The court considered the accused's difficult background, mental health issues, and alcohol addiction as mitigating factors, balanced against the severe aggravating factors including the vulnerability of the victim and the accused's prior criminal record.

The court granted enhanced credit for pre-sentence custody and imposed a sentence of 54 months, less 30 months credit, resulting in 2 years less a day to be served, followed by 3 years of probation.

The offender pleaded guilty to possession of a loaded prohibited firearm and possession of a firearm with an altered serial number.

The firearm was discovered in an apartment where children were present during a domestic disturbance while the offender was intoxicated.

The court determined that the appropriate sentence absent the mandatory minimum was less than two years and followed the reasoning in Smickle that the three‑year mandatory minimum under s. 95(2)(a)(i) of the Criminal Code was unconstitutional.

A conditional sentence was unavailable because the offence constituted a serious personal injury offence under the statutory definition.

Balancing denunciation, deterrence, and strong evidence of rehabilitation and parental responsibilities, the court imposed a short custodial sentence to be served intermittently followed by probation.