Jessica Belisle

The Ontario Court of Justice sentenced Ryan Wood to an effective four years’ imprisonment for possession of a prohibited firearm with readily accessible ammunition contrary to s. 95(1) of the Criminal Code, concurrent with an 18-month sentence for possession of cocaine for the purpose of trafficking under s. 5(2) of the Controlled Drugs and Substances Act.

The offender, a 31-year-old with a serious and related criminal record including prior firearm offences and breaches of court orders, was credited 1.5 days for each day in pretrial custody.

The court emphasized the seriousness of firearm offences, especially for repeat offenders, and considered systemic anti-Black racism as a mitigating factor but found it insufficient to reduce the sentence below the Crown’s position.

The decision reflects careful balancing of deterrence, denunciation, public safety, and rehabilitation principles.

A youth offender, H.K., was found guilty of failing to comply with a recognizance and sexual assault involving choking/suffocation.

The court considered a presentence report and psychological assessment detailing H.K.'s extensive history of mental health issues, childhood trauma, unstable living arrangements, and Indigenous ancestry.

Despite the Crown seeking custody and supervision, the court imposed a two-year probation order, a two-year weapons prohibition, and a DNA order.

The decision emphasized the unique and exceptional circumstances of the youth, including his diminished moral blameworthiness and intellectual difficulties, which influenced his lack of insight and remorse.

The court found that an extended period of probation, rather than custody, would best serve the rehabilitative and reintegrative principles of the Youth Criminal Justice Act.

The offender pleaded guilty to one count of sexual exploitation for historical offences committed between 1994 and 1996 against a 14-to-16-year-old employee.

The Crown sought a custodial sentence of two years less a day, while the defence sought a conditional sentence.

The court found that exceptional circumstances existed, including the offender's own history of childhood sexual abuse, his chronic mental health issues, his prosocial life, and his role as a caregiver for his elderly mother.

The court imposed a two-year conditional sentence followed by two years of probation, along with mandatory ancillary orders.

The accused, A.H., was charged with three criminal offences: making child pornography, possession for the purpose of distribution of child pornography, and agreeing or arranging to commit a sexual offence against a child.

The court assessed the credibility and reliability of the complainant's testimony, finding it compelling despite minor inconsistencies due to time passage and age.

The court determined that the photographs described by the complainant constituted child pornography, were taken for a sexual purpose, and that A.H. was actively involved in their creation and possession with intent to distribute to an online contact ("Ed").

The court also found that A.H. had agreed and arranged with "Ed" via telecommunication to commit these offences.

A.H. was found guilty on all three counts.

This sentencing decision addresses three co-accused, James Bolan, Jarrett Jocko, and Gilbert Ryan Wilson, who pleaded guilty to aggravated assault and unlawful entry into a dwelling house.

The victim sustained severe, life-altering injuries from a premeditated and violent vigilante attack.

The court considered aggravating factors, including the extreme violence and premeditation, and mitigating factors such as guilty pleas, expressions of remorse, pre-sentence custody, and the impact of COVID-19 lockdowns (Duncan factors).

Gladue principles were applied for the Indigenous offenders, Bolan and Jocko.

The court rejected the defence's request for time served, imposing a global sentence of 7 years imprisonment for aggravated assault and 1 year concurrent for unlawful entry, with credit for pre-sentence custody.

Ancillary orders included DNA orders, lifetime firearms prohibitions (with sustenance hunting exception for Indigenous offenders), and no-contact orders with the victim and a co-accused.