Sal Caramanna

The offender pled guilty to possessing and accessing child pornography.

A Gardiner hearing was held to determine disputed facts regarding his motivations.

The offender, a refugee and survivor of severe childhood sexual abuse, argued his actions were driven by trauma and a desire to expose abuse, rather than sexual gratification.

The court accepted he posed a very low risk of reoffending and suffered from PTSD, but found he likely derived some gratification.

Balancing the paramount principles of denunciation and deterrence with the offender's exceptional mitigating circumstances and the severe collateral immigration consequences he faced, the court imposed a conditional sentence of two years less a day, followed by three years of probation, along with a 20-year SOIRA order and a 10-year Internet prohibition.

The accused was convicted of failing to remain at the scene of an accident, manslaughter, and criminal negligence causing death after his vehicle struck a pedestrian.

The accident was not his fault, but he left the scene for 20-25 seconds, during which time the pedestrian was run over by a truck and killed.

The court stayed the manslaughter conviction under the Kienapple principle.

Considering the highly unusual mitigating circumstances and collateral immigration consequences, the court sentenced the accused to six months less a day imprisonment, followed by 18 months of probation.