Rudi Barwin

This was a sentence appeal concerning an agreed error in the calculation of pre-sentence custody credit.

The parties agreed that the appellant was entitled to 101 additional days of pre-sentence custody, amounting to 152 days after applying 1.5 to 1 credit.

The Court of Appeal granted leave to appeal sentence, allowed the appeal, and reduced the sentence accordingly.

Given that only 18 days remained to be served after the correction, the court stayed the balance of the custodial sentence in the absence of any public interest in requiring re-surrender.

The appellant, who was found not criminally responsible (NCR) and detained at CAMH, appealed a Review Board disposition continuing his detention despite being designated as alternate level of care.

The appellant proposed a conditional discharge with a Young clause and treatment compliance conditions, or alternatively, living with family due to a lack of community housing.

The Court of Appeal allowed the appeal, finding the Board failed to properly consider the proposed safeguards, did not adequately inquire into family accommodation, and based its risk assessment on speculative concerns and unsupported assumptions.

The Court also overturned its previous decision in Negash regarding the enforceability of hospital readmission under section 672.93(2) of the Criminal Code.

The matter was remitted for a new hearing.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for sexual assault.

The accused suffers from schizoaffective disorder and an unspecified paraphilic disorder, and continues to exhibit sexually inappropriate behaviour towards female staff.

The Board accepted the joint position of the parties and the uncontroverted evidence of the attending psychiatrist that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing detention disposition at the hospital, finding it necessary to manage her risk while efforts continue to find appropriate community housing.