Dr. Stephen Webb

The Court of Appeal for Ontario dismissed Arsenije Lojovic’s conviction appeal but allowed his sentence appeal, reducing his sentence from 10 years to 8 years (less pre-trial custody).

The court found that the trial judge erred by treating Lojovic’s bipolar disorder as an aggravating factor rather than a mitigating one.

The decision reviews the proper approach to NCR (not criminally responsible) assessments and the role of mental illness in sentencing, emphasizing that mental health conditions can reduce moral blameworthiness and the weight of deterrence and denunciation.

This is a child protection trial involving two adolescent children who were found to be in need of protection due to ongoing domestic violence, physical abuse, emotional abuse, and controlling behaviour by the father towards both the mother and children.

The court found that the children suffered serious emotional harm including anxiety, depression, and post-traumatic stress disorder.

The mother was granted sole custody of the children.

The father was denied access to the children, and a restraining order was imposed prohibiting him from contacting or coming within 500 metres of the mother and children.

The court rejected the father's request for joint custody and reunification efforts, finding that the children's clearly expressed wishes not to have contact with their father should be respected, and that the father had demonstrated no insight into the harm he caused and remained unwilling to engage appropriately with professionals.