Julie Freedman

Nedeljko Mikasinovic was convicted by a jury of assault causing bodily harm, an included offence of aggravated assault.

The sentencing judge rejected the defense's claim of self-defense, finding the assault unprovoked, gratuitous, and disproportionate, resulting in severe and permanent brain injury to the victim.

Despite mitigating factors such as the offender's efforts to rehabilitate and positive character references, the judge found the offender lacked genuine remorse and had a history of violent offenses.

The Crown sought a penitentiary sentence of 2.5 years, while the defense sought a suspended or intermittent sentence.

The court imposed a 14-month reformatory sentence, two years probation, a 10-year weapons prohibition, and a non-communication order.

The accused pleaded guilty to possessing a prohibited firearm (Glock 26 pistol) with readily accessible ammunition contrary to s. 95(1) of the Criminal Code.

The Crown sought 21 months incarceration; the defence sought a conditional sentence.

The court imposed a conditional sentence of two years less one day with house arrest and 200 hours of community service, along with a DNA order and a 15-year s. 109 prohibition.

The court found that while the offence was serious and near the "true crime" end of the s. 95 spectrum, exceptional mitigating factors—including the accused's youth (just 18 years old), first-offender status, genuine remorse, cooperation with police, psychological counselling, and family support—justified a community-based sentence that could still achieve denunciation and general deterrence.