Spiro Nicolakakos

Kevin William Gillard pleaded guilty to assault, which was accompanied by hateful Islamophobic and racist language, and gendered targeting of a Muslim woman.

The victim sustained physical injuries and significant psychological impact.

The court considered aggravating factors, including the hate motivation under s. 718.2(a)(i) of the Criminal Code, and mitigating factors such as the guilty plea, lack of criminal record, and the offender's mental health issues.

The defence sought a conditional discharge, but the court determined that denunciation and general deterrence, particularly given the hate-motivated violence, precluded a discharge.

Gillard was sentenced to a suspended sentence with two years of probation, a DNA order, and a five-year weapons prohibition.

The accused, an Indigenous offender aged 21 at sentencing (19 at the time of the offence), pleaded guilty to aggravated assault.

The offence involved an altercation near a shopping mall where the accused tackled and struck a 14-year-old victim who was pulling out a knife.

The Crown sought 9-12 months custody, emphasizing the victim's age and injuries.

The defence sought a suspended sentence, highlighting the accused's lack of criminal record, positive prospects, Indigenous status, and the precipitating circumstances.

The court imposed a suspended sentence with three years probation, 200 hours community service, and various conditions, finding that custody would inappropriately overemphasize deterrence over rehabilitation and restorative justice principles applicable to Indigenous offenders.