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The court upheld a detention order as the least restrictive disposition given rapid decompensation risks.
The appellant appealed a disposition of the Ontario Review Board that maintained a detention order rather than granting a conditional discharge.
The appellant argued that the Board made a palpable and overriding factual error regarding his propensity to decompensate and that the Board failed to adequately consider alternative mechanisms for readmission to hospital.
The Court of Appeal rejected both arguments, finding that the Board's findings were supported by evidence and that the detention order was the least onerous and least restrictive disposition available given the appellant's risk to public safety.
The court sentenced a repeat offender with schizophrenia to seven years in prison for multiple offences including a home invasion robbery.
The accused pleaded guilty to seven offences committed between November and December 2017, including uttering threats to cause death, robbery with a firearm, disguise with intent, theft of a motor vehicle, dangerous operation of a motor vehicle, and possession of property obtained by crime.
The offences included a home invasion robbery where the accused and an accomplice, armed with pellet guns, forcibly entered the residence of the victims, bound their hands, and stole approximately $5,000 in cash and a vehicle.
The accused also made threatening social media posts against another individual.
The court imposed a global sentence of 84 months imprisonment, with ancillary orders including a non-communication order, DNA sample requirement, and lifetime weapons prohibition.
