Richard Elbirt

The accused, B.M., pleaded guilty to two counts of sexual assault against two vulnerable women who sought his "spiritual services." The court considered aggravating factors, including the abuse of a position of trust and the public advertisement of deceitful services, and mitigating factors such as the guilty plea and lack of prior criminal record.

The court imposed a global sentence of 18 months' imprisonment, less 4 months' pre-trial custody credit, resulting in a 14-month total sentence, followed by two years' probation and various ancillary orders.

This is an annual sentence review under section 94(2) of the Youth Criminal Justice Act for a young person convicted of robbery following a home invasion while armed with an offensive weapon.

The young person was originally sentenced to 15 months custody (450 days open custody followed by 225 days community supervision).

On review, the young person sought early release to participate in a pre-apprenticeship employment and training program commencing March 1, 2017.

The court found the young person had made excellent progress in custody, completed high school, and demonstrated positive behavioral changes.

However, the court declined to release the young person at that time, finding that the interests of society were not served by early release given the serious and violent nature of the offence.

The court encouraged flexibility in reintegration leave conditions to permit program participation and scheduled an optional review for June 1, 2017, indicating a strong likelihood of release if positive progress continued.

The accused was convicted of possession of heroin for the purpose of trafficking after pleading guilty to simple possession.

The accused, an addict, possessed 1103 'hits' of heroin, an amount exceeding personal use, and trafficked to his girlfriend.

Considering his extensive criminal record and the paramount principle of general deterrence for heroin trafficking, the court sentenced the accused to 3.5 years in a penitentiary, along with a lifetime weapons prohibition and a DNA order.

This sentencing decision concerns David Kreindl, who was convicted of aggravated assault and other offences after shooting his intimate partner, J.R., in the face with a flare gun, causing severe and lasting physical and psychological injuries.

The court considered sentencing principles under the Criminal Code, emphasizing denunciation, general and specific deterrence, and public protection, particularly given Kreindl's prior conviction for the murder of another intimate partner.

The Crown sought a 15-year sentence, while the defence proposed 10-12 years.

The court found numerous aggravating factors, including the premeditated nature of the assault, the profound victim impact, Kreindl's criminal record, lack of empathy, poor rehabilitation prospects, and disregard for court orders.

Mitigating factors were minimal, primarily his difficult reintegration into Canada after 20 years of imprisonment.

The accused was arrested with 21.91 grams of heroin and pleaded guilty to simple possession.

The trial proceeded on the issue of whether the possession was for the purpose of trafficking.

The accused admitted he intended to deliver some of the heroin to his girlfriend, which the court found met the statutory definition of trafficking.

Furthermore, relying on expert police evidence regarding heroin pricing and consumption, the court found the accused possessed the drugs for the purpose of trafficking for profit to support his own addiction.

The accused was found guilty of possession for the purpose of trafficking.

David Kreindl was charged with multiple counts, including attempted murder and aggravated assault, after shooting J.R. in the face with a flare gun.

The court found Kreindl guilty of aggravated assault, assault with a weapon, threatening, and discharging a firearm with intent to endanger life or wound, maim, or disfigure.

However, the court found him not guilty of attempted murder, as the Crown failed to prove specific intent to kill beyond a reasonable doubt, despite the severity of the victim's injuries and the intentional nature of the shooting.

Kreindl was also found guilty of failing to comply with an undertaking and two counts of failing to appear in court.

The offender, a 21-year-old first offender, was convicted of residential break and enter and possession of stolen property over $5000.

The Crown sought a custodial sentence of 6 to 9 months, while the defence sought a non-custodial sentence.

The court found that the offender suffered from severe mental health issues, including schizophrenia, which constituted exceptional circumstances justifying a departure from the usual range of a custodial sentence for residential break and enter.

The court suspended the passing of sentence and imposed three years of probation with strict conditions, prioritizing rehabilitation over general deterrence.