Dr. Chauhan

A young person was found guilty at trial of three counts of assault, two counts of sexual assault, and one count of unlawful confinement committed at age 16, and pleaded guilty to one count of uttering threats, one count of criminal harassment, and two counts of failing to comply with probation terms committed as an adult.

The offences were committed against the mother of his child over a prolonged period involving repeated physical and sexual violence, followed by years of harassment via social media.

The court imposed a global sentence of two years custody and community supervision for the youth offences and three years imprisonment for the adult offences, with ancillary orders including DNA collection, weapons prohibitions, and no-contact orders.

The appellant, who was found Not Criminally Responsible for breach of recognizance and criminal harassment, appealed the Ontario Review Board's decision to continue his conditional discharge.

He argued the finding that he posed a significant threat to public safety was unreasonable and sought an absolute discharge.

The Court of Appeal dismissed the appeal, finding the Board's decision reasonable and supported by evidence, including the appellant's lack of insight, refusal to take medication, and intended cannabis use, which experts testified would increase his risk of physical aggression.