Neil de Laplante

This decision addresses the sentencing of J.V. for luring contrary to section 172.1(1)(b) of the Criminal Code.

The accused, suffering from Parkinson’s Disease and a neurodevelopmental disorder, pleaded guilty and sought a conditional sentence due to his medical vulnerabilities and diminished moral blameworthiness linked to his medication and cognitive impairments.

The Court balanced aggravating factors, including the sending of explicit images and intent to meet a purported minor, against mitigating factors such as remorse, lack of prior relevant record, and significant health issues.

The Court imposed a conditional sentence of two years less a day with house arrest and probation, alongside lifetime prohibitions and registration orders, emphasizing individualized sentencing and the accommodation of medical needs.

The offender, Timothy Godin, pleaded guilty to numerous offences including personation, dangerous operation of a vehicle causing bodily harm, failure to stop at an accident scene, breach of undertaking, various Highway Traffic Act offences, impaired driving, and arson causing damage to a vehicle and dwelling house.

The offences occurred over two years, linked to the offender's alcoholism and cocaine use.

The Crown sought five years incarceration or two years imprisonment followed by three years probation, emphasizing denunciation and deterrence due to the seriousness of the arson and dangerous driving.

The defence sought a conditional sentence of 18 months to two years less a day, highlighting the offender's rehabilitation efforts.

The court found denunciation and deterrence paramount, particularly for serious arson, and determined that a conditional sentence was inappropriate.

The accused pleaded guilty to theft under $5,000 and breach of probation after stealing cigarettes from a convenience store he was prohibited from attending.

The accused had a lengthy criminal record of over 100 convictions, primarily for property offences driven by a crack cocaine addiction.

The Crown sought a one-year custodial sentence, while the accused sought a sentence of time served (110 days).

The court emphasized specific deterrence and proportionality, imposing a total sentence of 250 days custody, which was deemed served due to pre-trial custody credit.

The court declined to impose a further probation order, noting the accused was already subject to an existing order and could access community outpatient programs voluntarily.

Thato Tobo pleaded guilty to theft under $5,000 and breach of probation, admitting to stealing cigarettes from a Circle K while under a court order not to attend the store.

The aggravating factor is his extensive criminal record, including over 100 convictions, many property-related, and 10 similar theft charges from the same store in the last two years.

Tobo attributes his crimes to cocaine addiction and disputes a forensic psychiatrist's report regarding his mental health.

The court, seeking to craft a fit sentence incorporating rehabilitation, ordered a pre-sentence report to explore available substance abuse and social support programs, their accessibility, and Tobo's housing prospects.

Amicus curiae counsel was also tasked with obtaining further information from another forensic psychiatrist regarding Tobo's mental health, rehabilitation prospects, and eligibility for a treatment centre.