R. Rotenberg

The offender pleaded guilty to two counts of child luring after communicating online with an undercover officer posing as a 14-year-old girl.

The communications were highly sexualized and occurred over several weeks, though the offender never met the officer in person.

The court considered the offender's lack of a criminal record, guilty plea, rehabilitative efforts, and the significant collateral consequences of family separation due to his children's medical needs.

The court found that a conditional sentence was inappropriate given the gravity of the offence and the need for denunciation and deterrence.

The offender was sentenced to 18 months' imprisonment, 18 months' probation, and ancillary orders including a 6-year section 161 prohibition order.

The Ontario Court of Justice acquitted Islam Elmajbri of two counts of sexual assault involving a patient, MC, in the emergency department of Toronto Western Hospital.

The court found significant credibility and reliability issues with the complainant, particularly due to his alcohol dependency and inconsistent testimony.

The judge accepted Elmajbri’s evidence that the touching was incidental and part of routine cleaning services provided by personal service workers (PSWs) in the ED, and that MC consented to being cleaned.

The court also ruled that the two incidents could be treated as a single transaction and admitted evidence of the second incident as similar fact evidence.

Ultimately, the Crown failed to prove beyond a reasonable doubt that Elmajbri’s conduct was sexual in nature or that consent was vitiated by his position.

The defendant was found guilty by a jury of sexually assaulting his former spouse.

This decision outlines the reasons for sentencing, considering aggravating factors such as breach of trust and physical restraint, and mitigating factors including the defendant's first-time offender status, positive community support, and health issues.

The court imposed a 2.5-year custodial sentence, a 10-year weapons prohibition, and a non-communication order, declining DNA and SOIRA orders due to low re-offense risk.