3 total
Case allowed decision
The accused pleaded guilty to making available child pornography, possession of child pornography, and arranging or agreeing with another person to commit sexual interference with a child.
The Crown sought a sentence of two years less one day plus three years probation, while the defence sought 15 months plus two years probation.
The court imposed a global sentence of 15 months imprisonment followed by three years probation, along with ancillary orders including DNA, SOIRA for life, a section 161 order for 10 years, and a mandatory section 109 firearms prohibition order.
The decision emphasizes the serious nature of child pornography offences while recognizing mitigating factors including the accused's early guilty plea, remorse, lack of prior record, family support, solid work history, and low to moderate risk of reoffending.
Offender sentenced to 12 months for arson; court refused to artificially reduce sentence to avoid immigration consequences.
The offender, a transgender refugee claimant from Guatemala, was convicted of arson causing damage to property after setting a fire in her Toronto Community Housing apartment.
The Crown sought a 12-month sentence, while the defence sought a sentence of six months less a day to preserve the offender's right to appeal a potential deportation order under the Immigration and Refugee Protection Act.
The court held that while collateral immigration consequences must be considered, they cannot artificially skew a sentence below the appropriate range.
The court imposed a 12-month sentence (satisfied by pre-sentence custody), two years of probation, and a restitution order of $15,809.11.
Accused found guilty of arson and mischief to property for deliberately setting a stovetop fire.
The accused was charged with arson and mischief endangering life following a fire on the stovetop of her rental apartment.
The court found that the physical evidence, including fuel deliberately placed under a burner, proved the fire was intentionally set.
The accused was found guilty of arson and the included offence of mischief to property, but acquitted of mischief endangering life as the Crown failed to prove the small, contained fire posed an actual danger to human life.