24 total
Conditional discharge granted for assault causing bodily harm where offender used excessive force in self-defence.
The offender pleaded guilty to assault causing bodily harm after stabbing a man during an altercation on a TTC streetcar.
The offender, who was subject to a peace bond prohibiting weapons, acted in self-defence but used excessive force.
The court considered the offender's 11 months of pre-sentence custody, his lack of a prior criminal record, and his career plans.
Finding that a discharge would not bring the administration of justice into disrepute, the court granted a conditional discharge with 36 months of probation.
Detention Order with privileges maintained for NCR accused following significant improvement on medication.
The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for assault with a weapon and aggravated assault.
The accused's treating psychiatrist testified that the accused's mental state and insight had dramatically improved after resuming antipsychotic medication, though a significant threat to public safety remained.
The Board accepted the joint submission of the parties to maintain the current Disposition of a Detention Order with privileges, noting the accused's promising trajectory toward community living.
Conditional discharge continued for NCR accused with treatment-resistant schizophrenia who poses a significant threat.
The Ontario Review Board held an annual hearing for the accused, who was found not criminally responsible for weapons offences and is subject to a conditional discharge.
The accused, diagnosed with treatment-resistant schizophrenia, did not attend the hearing.
The hospital and Crown submitted that the current disposition was appropriate, and the accused's counsel conceded that he continues to pose a significant threat to public safety.
The Board accepted the joint submission, noting the accused's vulnerability to stressors and predictable instability during transitions, and ordered the continuation of the conditional discharge.
Restriction of liberty upheld and detention order continued for NCR accused following mental health deterioration.
The Ontario Review Board held a hearing to review the hospital's decision to significantly restrict the liberty of the accused, who had been found not criminally responsible for assault offences, and to conduct an annual review of his disposition.
The accused's mental state had deteriorated in the community following cannabis use, leading to his readmission to the hospital.
Relying on uncontroverted expert psychiatric evidence, the Board found that the restriction of liberty was warranted, necessary, and the least onerous option.
The Board further concluded that the accused remains a significant threat to public safety and ordered the continuation of his Detention Order, with an amendment permitting community living within the Greater Toronto Area.
Ontario Review Board continues detention order for NCR accused on consent of all parties.
The Ontario Review Board conducted an annual review of the accused's disposition.
The accused, who was previously found not criminally responsible for assault with a weapon and mischief, was subject to a detention order at the Centre for Addiction and Mental Health.
All parties, including the accused, the hospital, and the Attorney General, consented to continuing the existing detention order with no changes.
The Board heard evidence from the treating psychiatrist and agreed to continue the detention order, including a community living clause to motivate the accused's progress.
Accused found to remain a significant threat to public safety; detention in Secure Forensic Unit continued.
The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.
The accused was previously found not criminally responsible for possession of property obtained by crime and failing to comply with probation.
The hospital and the Attorney General recommended continued detention in a Secure Forensic Unit, with discretion to transfer to a General Forensic Unit, noting the accused's history of unauthorized absences, recent assaults on co-patients, and refusal of certain treatments.
The accused did not oppose the recommendation.
The Board found that the accused remains a significant threat to public safety and ordered his continued detention at the Secure Forensic Unit with the requested discretion.
Detention Order continued for NCR accused who remains a significant threat to public safety.
The Ontario Review Board conducted an annual review for an accused found not criminally responsible for second-degree murder.
The accused had recently decompensated, absconded from the hospital, and resumed substance use, though he was working to regain lost progress.
The Board accepted the uncontested psychiatric evidence that the accused continues to pose a significant threat to public safety due to his history of violence, major mental disorder, and substance use risk.
The Board ordered the continuation of his Detention Order in a General Forensic Unit with existing conditions.
The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for multiple violent offences in 2002.
The accused, diagnosed with schizophrenia and a history of substance abuse and medication non-compliance, sought an absolute or conditional discharge.
The hospital and the Attorney General sought a continued Detention Order.
The Board accepted the psychiatric evidence that the accused remains a significant threat to public safety due to his escalating pattern of concerning behaviour, hostility towards his treatment team, and lack of insight.
The Board ordered a Detention Order on a General Forensic Unit with conditions, including a requirement to report weekly, finding it to be the least onerous and least restrictive disposition compatible with public safety.
Review Board orders continued detention of NCR accused due to ongoing significant threat to public safety.
The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found not criminally responsible for assault causing bodily harm due to schizophrenia.
The Board heard evidence that the accused has poor insight into his illness and requires supervision to ensure medication compliance.
The Board found that the accused continues to represent a significant threat to the safety of the public and ordered the continuation of his current detention order at the hospital without change.
Accused found NCR for harassment and threats granted conditional discharge as risk manageable in community.
The Ontario Review Board held an initial disposition hearing for the accused, who was found not criminally responsible for offences including criminal harassment and uttering threats.
The Board found that the accused, who suffers from schizophrenia, continues to represent a significant threat to the safety of the public.
However, noting his compliance with treatment, abstinence from substances, and strong family support, the Board concluded that his risk could be safely managed in the community.
The Board ordered a conditional discharge on the terms jointly recommended by the parties.
Detention order maintained for NCR accused following annual Review Board hearing.
The accused, who was found not criminally responsible in 2011 for assault-related offences, appeared before the Ontario Review Board for his annual hearing.
The Board accepted a joint submission from the parties that the accused continues to pose a significant threat to public safety due to his schizophrenia and antisocial traits.
The Board ordered that the current Detention Order be maintained, noting that the accused is well-managed in his 24-hour supervised community residence.
Accused previously found unfit to stand trial is deemed fit and ordered returned to court.
The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found unfit to stand trial on charges including uttering threats and assaulting a peace officer.
The accused's treating psychiatrist testified that his understanding of the court process had improved significantly and that he now met the limited cognitive capacity test for fitness.
The Board accepted this evidence, finding that the accused had a reality-based understanding of the criminal court process and could instruct counsel.
The Board concluded the accused was fit to stand trial and ordered him returned to court.
Restriction of liberty justified for NCR accused; Detention Order continued with added indirect privileges.
The Ontario Review Board held an annual review and restriction of liberty hearing for an accused found not criminally responsible for aggravated assault due to schizophrenia.
The restriction of liberty was initiated after the accused committed an unprovoked assault on a co-patient while experiencing auditory hallucinations.
The Board found the restriction of liberty was justified and appropriate.
Based on recent stability and medication compliance, the Board ordered the continuation of the Detention Order with modifications, including a transfer to Forensic Services and the addition of indirectly supervised privileges on grounds and in the community.
Detention order continued for accused found NCR, as she remains a significant threat to public safety.
The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found not criminally responsible for assault, robbery, and failing to comply with probation.
The accused suffers from schizophrenia and a severe substance use disorder, and has a history of non-compliance with treatment.
The Board accepted the hospital's evidence that the accused lacks insight into her illness and continues to experience psychotic symptoms.
The Board concluded that the accused continues to represent a significant threat to the safety of the public and ordered the continuation of her detention at the hospital.
NCR accused's detention order continued with increased privileges; Gladue Report ordered for next annual review.
The Ontario Review Board held an annual review hearing for an Indigenous accused found not criminally responsible for murder and indignity to a dead body.
The Board found that the accused continues to represent a significant threat to public safety due to his schizophrenia, history of medication non-compliance, and substance use disorder.
The Board ordered a continuation of his detention at the Centre for Addiction and Mental Health, with the addition of indirectly supervised community access and community living in approved accommodation.
Furthermore, applying Gladue principles, the Board ordered the preparation of a Gladue Report for the accused's next annual review to properly consider his unique circumstances as an Indigenous person.
NCR conditional discharge continued with relaxed conditions following joint submission.
The Ontario Review Board conducted an annual review of the accused's conditional discharge following a finding of not criminally responsible for attempted murder and other offences.
The accused, diagnosed with schizoaffective disorder, had maintained clinical stability and was transitioning to non-forensic mental health services.
Accepting a joint submission, the Board found the accused continued to pose a significant threat to public safety but amended the disposition to remove the residence clause, mandatory treatment consent, and substance testing requirements.
Accused found permanently unfit to stand trial; current hospital detention with community living privileges maintained.
The Ontario Review Board held an annual review hearing for the accused, who was previously found unfit to stand trial on charges of harassment and assaulting a peace officer.
Based on the uncontested psychiatric evidence, the Board found that the accused remains unfit to stand trial due to irreversible cognitive impairment caused by temporal lobe epilepsy.
The Board ordered no change to his current Disposition, which detains him at the hospital with privileges to live in approved 24-hour supervised accommodation in the community.
Detention order continued for NCR accused who remains a significant threat to public safety.
The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for aggravated assault.
The accused, diagnosed with schizophrenia, had a positive year but continued to experience breakthrough psychotic symptoms when stressed.
The Board accepted the joint submission of the parties, finding that the accused continues to represent a significant threat to the safety of the public.
The Board ordered a continuation of the detention order at the Centre for Addiction and Mental Health with discretionary privileges, emphasizing the need for supervised housing and hospital approval of accommodations to manage risk in the community.
The accused was found guilty of sexual assault after the court accepted the complainant's credible testimony regarding non-consensual penile penetration.
This decision from the Ontario Court of Justice addresses the issue of non-consensual sexual intercourse allegations between Kish Idoko and G.B. The court carefully analyzes the credibility and reliability of both the complainant and the accused, focusing on the disputed issue of penile penetration.
The judge rejects the accused’s claim that his admission of penetration was a joke and finds the complainant’s evidence credible despite some inconsistencies, emphasizing the importance of the complainant’s subjective experience and post-event demeanour.
The court ultimately finds the accused guilty beyond a reasonable doubt of sexual assault.
The accused was acquitted of all charges as the court rejected the complainant's evidence.
The Ontario Court of Justice acquitted Luis Trindade Pereira of multiple charges including sexual assault, assault with a weapon, uttering threats, and breach of undertaking.
The case centered on the credibility and reliability of the complainant M.G. and the accused.
The judge found the accused to be an honest and credible witness, corroborated by independent evidence from a roommate, while rejecting the complainant’s testimony due to inconsistencies, contradictions with independent evidence, and implausible explanations regarding text messages.
The Crown’s burden of proof beyond a reasonable doubt was not met.