This case concerns the sentencing of Police Constable James Forcillo for attempted murder.
The court first addressed a constitutional challenge to the mandatory minimum punishment of five years for attempted murder under s.239(1)(a)(i) of the Criminal Code, finding it did not infringe ss.12 or 7 of the Charter.
The sentencing judge then determined the appropriate sentence, rejecting the defence's submission that Forcillo's moral blameworthiness was low due to a misperception.
The court found that Forcillo acted contrary to his training by shooting a potential threat and failing to use de-escalation, constituting a high level of moral blameworthiness and an egregious breach of trust.
Despite mitigating factors such as positive personal characteristics and the impact of protective custody, the aggravating factors, including the abuse of authority and the serious actual harm caused, substantially outweighed them.
The court emphasized denunciation and general deterrence.
A sentence of six years in the penitentiary was imposed.