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The Court of Appeal remitted an Ontario Review Board disposition for failing to adequately consider a conditional discharge with a treatment order.
The appellant appealed dispositions of the Ontario Review Board dated June 23, 2016 and March 7, 2017 regarding her detention on a secure forensic unit.
The appellant was found not criminally responsible for criminal harassment and related offences in 2005 and 2006.
She argued that the Board's finding that she poses a significant threat to public safety was unreasonable and that she should receive an absolute or conditional discharge.
The Court of Appeal upheld the Board's finding that she remains a significant threat but found that the Board erred in summarily dismissing her request for a conditional discharge without further inquiry into her current behavioural status and without considering whether her risk could be managed through a conditional discharge with a consensual treatment order.
The offender received an eight-year prison sentence for a brutal stranger sexual assault.
The offender pleaded guilty to sexual assault causing bodily harm under s. 272(1)(c) of the Criminal Code.
The offence involved the brutal sexual assault of an eighteen-year-old virgin victim in the early morning hours of January 1, 2016, in Newmarket.
The offender, intoxicated by cocaine and alcohol, followed the victim from a bus, dragged her onto a snow bank, and subjected her to multiple forms of sexual violence including forced oral sex and vaginal intercourse.
The victim suffered physical injuries and profound psychological trauma.
The court imposed a sentence of eight years in the penitentiary, less enhanced credit for presentence custody, resulting in 5 years and 10.5 months remaining to be served.
Ancillary orders included a DNA order, a 20-year Sexual Offender Information Registry Act order, and a lifetime weapons prohibition.
