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Conditional Discharge ordered for NCR accused with added substance use abstention clause despite joint submission.
The Ontario Review Board held an initial hearing for an accused found not criminally responsible for assault and uttering threats.
The accused suffers from bipolar disorder and a cannabis use disorder.
The Board found that the accused represents a significant threat to public safety due to the risk of decompensation and violence if he stops taking his medication or resumes substance use.
The Board ordered a Conditional Discharge.
While the parties jointly recommended omitting a substance use abstention clause, the Board rejected this submission, finding that a strict prohibition on intoxicants was necessary to manage the accused's risk and support his reintegration.
The accused was convicted of sexual offences against a child after the court found the complainant's evidence credible and rejected the accused's collusive testimony.
The accused was charged with sexual assault, invitation to sexual touching, and sexual touching of a minor complainant.
The Crown alleged that during a fence-building visit to the accused's mother's residence in 2006, the accused took the complainant to the basement, touched her breasts and thighs, and solicited oral sex.
The accused denied the allegations.
The trial judge found the complainant's evidence credible and reliable, rejected the accused's evidence as influenced by collusion with his mother, and found all elements of the offences proven beyond a reasonable doubt.
The accused was convicted on all counts.
