Michelle Lynn Levasseur

The accused, Justice Snache, was charged with second-degree murder.

The trial proceeded in two stages: first, to determine guilt based on an Agreed Statement of Facts, and second, to determine criminal responsibility due to mental disorder.

The court found that the Crown proved the elements of murder beyond a reasonable doubt, including the actus reus and mens rea, based on the agreed facts and the accused's admission.

However, the court then considered the Not Criminally Responsible on Account of Mental Disorder (NCRMD) defence under Section 16 of the Criminal Code.

Relying on expert psychiatric evidence, particularly from Dr. Naidoo, the court found that the accused was suffering from schizophrenia at the time of the offence, which rendered him incapable of appreciating the moral and legal wrongfulness of his actions.

Consequently, the accused was found not criminally responsible for the murder and remanded to the jurisdiction of the Ontario Review Board for disposition.

Carl Obermeier was convicted of sexual assault and assault, and found guilty of breaching probation.

The Crown sought a dangerous offender designation, which was granted.

The court then proceeded to sentence Obermeier, with both Crown and defence agreeing he met dangerous offender criteria and should receive a fixed sentence followed by a 10-year long-term supervision order, but disagreeing on the length of the custodial portion.

The court reviewed Obermeier's extensive criminal history, including prior sexual assaults, manslaughter, and assaults on peace officers, noting his antisocial personality disorder and lack of insight.

The court imposed a fixed sentence of 58 months (26 months remnant after pre-sentence credit) for sexual assault, concurrent sentences for assault and breach of probation, and a 10-year long-term supervision order, along with DNA, weapons prohibition, SOIRA, and non-communication orders.