The offender, a lawyer, pleaded guilty to mischief for defacing the National Holocaust Monument with red paint and the words 'FEED ME' to protest the war in Gaza.
The Crown argued the offence was motivated by hate, but the court was not satisfied beyond a reasonable doubt of a hateful motive, finding instead that the offender acted despite knowing his actions would cause fear and trauma to the Jewish community.
The court considered the offender's first-time status, mental health issues, and the severe collateral consequences to his career, balancing these against the significant harm caused and the need for denunciation.
The offender was sentenced to 5 months in custody (credited as time served) and 24 months of probation.