Re: Martin Jambrits
(DOB: 01.12.66)
ORB File No: 6722
Hearing held on: Monday, January 6, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Fraser
Members: Dr. B. Sheppard (via Zoom) Dr. T. Stirpe Ms. A. La Viola Ms. R. Chopra
Parties Appearing:
Accused: Martin Jambrits Counsel: Mr. T. Whillier
The Person in Charge of Hospital: Counsel: Ms. L. Senko
Attorney General of Ontario: Counsel: Mr. M. Feindel (via Zoom)
REASONS FOR DISPOSITION
(Dated February 7, 2025)
Overview
On March 26, 2015, Martin Jambrits was found not criminally responsible (NCR) on two counts of sexual assault, contrary to the Criminal Code.
Mr. Jambrits is currently subject to a disposition of the Ontario Review Board (the Board) dated December 27, 2023, which detains him at the Centre for Addiction and Mental Health, Toronto (CAMH or the hospital) with privileges including to live in the community in accommodation approved by the person in charge.
On January 6, 2025, this panel of the Board convened a hearing at CAMH to review Mr. Jambrits’ disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Jambrits was present for the hearing and represented by counsel, Mr. Whillier.
The issues for the Board to decide at the hearing were first whether Mr. Jambrits remains a significant threat to the safety of the public and, if so, what is the necessary and appropriate disposition for the coming year based on a consideration of the factors in s. 672.54 of the Criminal Code.
At the outset of the hearing, the parties were asked for their initial positions. Hospital counsel recommended a continuation of the current detention order on the same terms and conditions. Crown counsel supported the hospital position. Counsel for Mr. Jambrits said that his client is requesting an absolute discharge.
For the reasons which follow, the Board finds Mr. Jambrits remains a significant threat to the safety of the public and the necessary and appropriate disposition for the coming year is a continuation of the detention order, unchanged.
Index Offences
- The circumstances of the index offences are excerpted from last year’s Board Reasons dated January 8, 2024, at paragraph 7 as follows:
“The first victim in this matter, is a nanny that cares for a 5-year-old boy. On Thursday, June 5th, 2014, at approximately 8:45 am, the victim and child were walking southbound on Clinton Street, in the City of Toronto. As the victim and child approached Harbord Street, the accused, Martin Jambrits, walked towards the victim and proceeded to reach out and grab her breast with his hand (charge #1). The victim pushed the accused’s hand away from her chest and the accused continued to walk northbound on Clinton Street.
At approximately 9:25 am, the accused then approached the second victim as she walked on Bloor street West near Spadina Avenue, in the City of Toronto. The accused reached out with his right hand and grabbed the victim’s breast before continuing to walk along Bloor Street West.
Police attended the area as a result of multiple 9-1-1 calls and located the accused outside