Ontario Court of Justice

Date: June 17, 2016

Court File No.: 15-05080 Newmarket

Between:

Her Majesty the Queen

— AND —

Jason Mario Caruana

Sentencing – SOIRA Breach

Before: Justice Joseph F. Kenkel

June 17, 2016

Counsel:

• Ms. Jina Lee — counsel for the Crown
• Mr. Sharif Foda — counsel for the defendant

KENKEL J.:

[1] Mr. Caruana was convicted at trial of failing to comply with a Sex Offender Information Registration Act (SOIRA) (SC 2004 c.10) reporting requirement contrary to s.490.031(1) of the Criminal Code and a breach of Christopher's Law (Sex Offender Registry) 2000 SO 2000 c.1 regarding a similar provincial reporting requirement.

[2] Mr. Caruana is bound by a SOIRA order to report for 20 years from September 5, 2007 when he was convicted of 4 counts of sexual assault and one charge of possession of child pornography. He reported as required to November 14th, 2014 when he made his last report to the Toronto Police Service while living in Toronto. On March 10, 2015 he moved to an address in Markham in York Region. Between April 30th 2015 and May 1, 2015 he moved to another address in Markham close to the first one. He failed to report both moves as required under the Acts.

[3] Mr. Caruana did change his driver's license so was able to comply with statutory obligations that were important to him. Parliament has provided the restrictions in SOIRA to reduce the ongoing threat sex offenders pose to public safety. It's important to the community that these restrictions are complied with and it's necessary in the public interest that they be strictly enforced.

[4] The Crown requests a jail sentence of 45 days concurrent on both counts. The defence submits that a suspended sentence with probation would be appropriate.

[5] General and specific deterrence are the most important considerations on sentence. I agree with the defence that the accused's reporting for the first seven years of the order is an important consideration. I disagree that a non-custodial sentence would be sufficient to address the need for general and specific deterrence and the strong public interest in the protection of others including children from sexual offences.

[6] Considering the circumstances of the offence, the accused's circumstances and his record of reporting to date, I agree with the Crown that a custodial sentence is required but I find that 30 days is sufficient.

[7] Mr. Caruana will be sentenced to 30 days in custody. Given that he has some work now and hopes to be given full time hours soon I will order that the sentence be served intermittently.

DELIVERED: June 17, 2016

Justice Joseph F. Kenkel