Morgan David Lipchitz

Crown application for a "High Risk Accused" designation under s. 672.64(1) of the Criminal Code for an individual found not criminally responsible on account of mental disorder (schizophrenia) for serious violent offences including robbery, attempted break and enter, and two counts of aggravated assault.

The court dismissed the application, finding that while the offences were serious and brutal in nature, the Crown failed to establish a substantial likelihood that the accused would use violence endangering another's life or safety.

The accused has responded well to treatment, is currently symptom-free, and demonstrates insight into his condition, though uncertainty remains regarding his adherence to treatment if released into the community without supervision.

This sentencing decision addresses the conviction of Waisuddin Akbari for uttering threats to bomb synagogues and kill Jewish people, motivated by hate and prejudice.

The court carefully considers the Kienapple principle regarding multiple convictions arising from the same act but finds the two offences distinct.

The sentencing analysis balances aggravating factors, notably the hate-motivated nature of the threats and their impact on the Jewish community, with mitigating factors including Akbari’s background, remorse, and community support.

The court rejects a conditional discharge as contrary to public interest and imposes a 60-day conditional sentence order with strict house arrest conditions, followed by three years probation, DNA order, and a 10-year weapons prohibition.

The accused pleaded guilty to two counts of possession of controlled substances for the purpose of trafficking and one count of obstructing justice.

The accused was arrested following a traffic stop on Highway 407 where police discovered a large quantity of drugs including methamphetamine, cocaine, fentanyl/heroin mixture, GHB, and various other controlled substances, along with scales, cellular phones, and debt lists.

The court imposed a joint submission sentence of 7 years, with credit for 214 days of pre-trial custody credited as 365 days, resulting in 6 years remaining to be served.

A section 109 firearms prohibition order for life and a DNA order were imposed.