Kenna Dalrymple

The accused was found unfit to stand trial on charges of dangerous driving causing bodily harm and failing to stop at an accident.

The Ontario Review Board held an initial disposition hearing.

Based on psychiatric evidence, the Board found the accused suffers from a major neurocognitive disorder, rendering him permanently unfit to stand trial.

The Board ordered a Conditional Discharge, requiring the accused to reside at a long-term care facility, and declined to impose abstain or submit clauses regarding alcohol and drugs, finding them unnecessary and overly onerous given his cognitive impairment and historical substance use.

The young person applied for an order directing the appointment of counsel under s. 25(4) of the Youth Criminal Justice Act after being denied Legal Aid.

The Crown had determined that Extrajudicial Sanctions were not available.

The court considered whether the young person was 'at trial' within the meaning of the Act, which is a prerequisite for the appointment of counsel.

The court held that the arraignment and entering of a plea, including a guilty plea, constitutes the commencement of the trial process.

Consequently, upon entering a plea, the young person is considered to be 'at trial' and is entitled to a court order for the appointment of counsel.

The offender was convicted of incest and sexual assault against his 18-year-old biological daughter.

The offences occurred in the offender's home while the victim was residing there.

The court found significant aggravating factors, including breach of trust, unprotected intercourse, and profound psychological impact on the victim.

The offender showed no remorse and blamed the victim.

The court sentenced the offender to five years' imprisonment for incest and a concurrent three-year term for sexual assault, along with mandatory and discretionary ancillary orders.