Robert Tomovski

Sentencing for summary conviction assault of offender's minor daughter in the family home, involving multiple applications of force causing visible injuries, committed to prevent the child from intervening in a spousal dispute.

Court rejected defence request for conditional discharge, finding it contrary to the public interest given the seriousness of the assault, statutory aggravating factors including breach of trust and victim under 18, significant victim impact, and absence of remorse or acceptance of responsibility.

Court also declined conditional sentence as inconsistent with the fundamental purpose and principles of sentencing.

Intermittent jail sentence of 30 days imposed followed by 12 months probation, with DNA order.

The accused brought a section 11(b) Charter application alleging a violation of his right to be tried within a reasonable time.

The total delay from the date the Information was sworn to the anticipated end of trial was 909 days (29 months and 25 days), exceeding the presumptive ceiling of 18 months established in R. v. Jordan.

After deducting defence delay and apportioning delay arising from the rescheduling of the original trial date equally between the defence and Crown, the net delay was 562.5 days (18.5 months).

The Crown failed to establish exceptional circumstances justifying the delay.

The application was granted and the charges were stayed.

The accused brought a section 11(b) Charter application alleging that his right to be tried within a reasonable time had been violated.

The trial was scheduled for December 9 and 10, 2025, nearly 23 months after arrest.

The accused argued that delayed core disclosure at the outset of the prosecution caused significant delays.

The Crown argued that once disclosure was made, the accused's actions led to adjournments of the first two trial dates due to scheduling errors and unavailability.

The court found that after deducting defence delay from the total delay, the net delay was 12.5 months, well below the Jordan presumptive ceiling of 18 months for Ontario Court of Justice summary conviction cases.

The application was dismissed.