The defendant pleaded guilty to disobeying a court order contrary to s. 127 of the Criminal Code, the order having been issued under Ontario's Prevention of and Remedies for Human Trafficking Act, 2017.
The order prohibited contact with and proximity to the complainant.
The defendant approached the complainant at a casino, tapped her on the shoulder, spoke to her, smirked, and stood behind her for ten minutes.
The Crown proceeded by indictment and sought twelve months' imprisonment less pre-sentence custody.
The defence sought time served.
The court considered the defendant's extensive criminal record including multiple prior breach convictions, prior convictions for advertising sexual services and deriving material benefit therefrom, and a history of non-compliance with court orders.
Mitigating factors included an early guilty plea and a traumatic upbringing.
The court rejected the defence argument that the complainant's decision to remain at the casino minimized the offence and found a sentencing leap rather than an incremental step was warranted given the defendant's persistent pattern of disregard for court orders.
