Karri-Lynn Hennebury

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 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.