Jennifer Ferguson

The offender was convicted of sexually assaulting an incapacitated victim who was his friend and tenant.

The assault resulted in an unwanted pregnancy which the victim subsequently terminated.

The court denied a request to anonymize the trial decision, as the victim did not support it.

Weighing the significant harm to the victim and the breach of trust against the offender's lack of a criminal record and positive background, the court imposed a sentence of 42 months' imprisonment along with ancillary orders.

The court addressed a jurisdictional question regarding whether a judge sitting alone could hear and decide the issue of not criminally responsible (NCR) after a jury had returned a verdict of manslaughter and been discharged.

Both Crown and defence counsel jointly submitted that the judge had such jurisdiction, arguing it was supported by inherent court powers, trial fairness, and fundamental justice principles, and would avoid further delays and appeals.

The court accepted the joint submission, finding it was supported in law and consistent with public interest and the principles of fundamental justice.

The defendant was found guilty by a jury of two counts of breaking and entering with intent, one count of mischief, and breach of a probation order.

The sentencing decision addressed his extensive criminal record of 169 offences over 30 years, including 15 prior breaking and entering convictions, and his Indigenous heritage as presented in a Gladue Report.

The court acknowledged the defendant's recent efforts towards rehabilitation and engagement with Indigenous support services but found insufficient evidence to directly link systemic Gladue factors to his moral blameworthiness for the current offences.

Considering his persistent offending and non-compliance with court orders, the court imposed a penitentiary sentence, emphasizing denunciation, deterrence, and separation from society.