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Elderly offender with major depressive disorder sentenced to 5 years for manslaughter of his wife.
The 82-year-old accused was found guilty of manslaughter for the domestic homicide of his wife.
At the time of the offence, the accused was experiencing a major depressive episode and subsequently entered a catatonic state.
The court weighed the gravity of domestic homicide against the accused's age, mental illness, lack of prior record, and harsh pre-sentence custody conditions exacerbated by the global pandemic.
The accused was sentenced to 5 years' imprisonment, reduced to 14 months and 26 days after applying enhanced credit for pre-sentence custody and lockdowns, followed by 3 years of probation.
Sexual assault charge dismissed as the complainant consented to the filmed sexual activity.
The accused was charged with sexual assault contrary to section 271 of the Criminal Code for conduct occurring on November 27, 2015, in Toronto.
The complainant attended what she believed to be a film audition and participated in two filmed scenes involving sexual activity.
The Crown alleged the accused committed sexual assault by touching the complainant without consent during Scene 1 and by penetrating her vagina without consent during Scene 2.
The trial judge found that the Crown failed to prove lack of consent beyond a reasonable doubt.
The judge concluded the complainant consented to the filmed audition, that any penetrations in Scene 2 were accidental, and that the accused held a reasonable but mistaken belief in consent.
The charge was dismissed.
