Wendy Elizabeth Oughtred

The accused pleaded guilty to sexual interference and invitation to sexual touching of a minor victim.

The Crown sought a three-year sentence while defence counsel sought two years less one day followed by probation.

The court imposed a three-year concurrent sentence, finding that denunciation and deterrence were paramount given the abuse of a child under eighteen years of age.

The court also imposed ancillary orders including a DNA order, weapons prohibition, lifetime sex offender registration, a twenty-year section 161 order restricting contact with children, and a communication prohibition with the victim during incarceration.

The accused was charged with two counts of assault contrary to section 266 of the Criminal Code and one count of attempting to disarm a police officer contrary to section 270.1(1) of the Criminal Code.

The charges arose from an incident on December 15, 2010, at Joseph Brant Memorial Hospital in Burlington, where the accused, who was admitted under the Mental Health Act, became agitated when informed he would receive injectable medication.

The trial proceeded over several days spanning approximately 15 months.

The court found the accused not guilty on all counts, determining that the Crown failed to prove the essential elements of the charges beyond a reasonable doubt.

The judgment is highly critical of both hospital staff and police conduct, finding serious credibility issues with key witnesses and evidence of excessive use of force by police.