2 total
The court accepted a joint submission of 5 years imprisonment for an offender who committed a violent crime spree fueled by substance abuse.
Joshua Sabourin pleaded guilty to 10 offences, including robbery, aggravated assault, sexual assault, and break and enter.
The parties jointly recommended a 5-year penitentiary sentence, minus pre-sentence custody, along with ancillary orders.
The court considered the facts, the offender's background (including substance abuse and potential intellectual disability), and legal principles of sentencing (denunciation, deterrence, totality, proportionality, parity).
Despite mitigating factors like the guilty plea, numerous aggravating factors, including a long criminal record, random selection of vulnerable victims, and lack of insight, warranted a significant sentence.
The court acceded to the joint recommendation, imposing concurrent sentences totaling 5 years, and ordered various ancillary measures including DNA submission, a lifetime weapon prohibition, and SOIRA registration.
An eight-month institutional sentence was imposed for possession of child pornography despite the offender's mental health challenges.
The defendant, Brian Tcheong, pleaded guilty to one count of possession of child pornography.
The court considered the appropriate sentence, weighing aggravating factors such as the size and vile nature of the child pornography collection (350 images, 14 videos, Level 4 depravity) and the duration of accessing such material (almost 5 years).
Mitigating factors included the guilty plea, lack of criminal record, consistent employment, strong family support, demonstrated insight, and significant upfront counselling (26 sessions).
The court also considered the defendant's mental health issues, including mild intellectual disability, autism spectrum features, and hoarding tendencies, as contributing factors to his actions.
The Crown sought 15 months institutional custody, while the defence argued for a conditional sentence order (CSO) due to the defendant's mental health.
The court rejected the CSO, emphasizing that conditional sentences for child pornography are only appropriate in exceptional cases and that a CSO would not adequately address the principles of denunciation and deterrence.
The court imposed an 8-month institutional custody sentence, followed by three years probation with counselling, and other ancillary orders.
