Dr. De Freitas

The accused, who was previously found not criminally responsible for assault causing bodily harm, was subject to an early review hearing by the Ontario Review Board.

The accused suffers from schizophrenia and substance use disorders, and remains psychotic despite medication.

The Board considered a Gladue report and the joint submission of the parties.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered the continuation of his detention at the hospital with privileges, finding it to be the least onerous and least restrictive disposition.

The offender was convicted of second degree murder for killing his mother.

The jury rejected his claim that he was not criminally responsible (NCR) but recommended no increase in parole ineligibility.

The court found that the offender's mental illness played a central causal role in the murder, substantially diminishing his moral blameworthiness and reducing the importance of deterrence and denunciation.

The court set the period of parole ineligibility at the statutory minimum of 10 years.

The offender pleaded guilty to aggravated assault following an unprovoked attack on an older victim.

The offender, who has a history of schizophrenia, sought enhanced pre-sentence custody credit beyond the standard 1.5 to 1 ratio due to time spent in segregation.

The court accepted a joint submission for a 5-year sentence.

The court declined to award enhanced credit, noting a lack of jurisdiction absent a Charter challenge, and finding that the offender's time in segregation was largely at his own request and did not constitute particularly harsh treatment.