S. Aki

The accused stood trial on multiple theft under $5,000 counts arising from alleged LCBO alcohol thefts and on one count of breaching a probation order prohibiting attendance at LCBO locations.

The sole live issue on the theft counts was identity, with the Crown relying primarily on surveillance video, in-court comparison, body worn camera footage, booking hall stills, and a disputed mugshot.

The court admitted the mugshot under s. 31.1 of the Canada Evidence Act but held that, even considering all comparison evidence and applying the caution required by Nikolovski, identity was not proven beyond a reasonable doubt on any remaining theft count.

Although the court found the accused was the same person bound by the probation order, the alleged attendance at the LCBO on November 24, 2024 was not proven, so the breach count also failed.

The court sentenced the accused after trial for assault arising from a public confrontation in which the victim was putting up posters of Israeli child hostages.

The sentencing judge found the offence was motivated by bias, prejudice or hate against the victim as a member of the Jewish community and as a person publicly expressing support for Jewish hostages, making denunciation and general deterrence primary sentencing objectives.

While the accused was a first offender and judicial restraint remained relevant, the court held that a discharge or suspended sentence would be contrary to the public interest and disproportionate to the gravity of the offence and its significant victim and community impact.

A 150-day conditional sentence with GPS monitoring, house arrest and curfew terms, followed by 12 months' probation, was imposed together with a five-year weapons prohibition and a DNA order.