Zachary Jeffery Battiston

The Ontario Court of Justice sentenced Jacob Yoell to 12 months imprisonment concurrent on two counts of robbery and aggravated assault, followed by two years probation with specific conditions including no contact with victims and a weapons prohibition.

The offences involved violent, racially motivated attacks on two homeless Black men in Windsor, captured on video and widely disseminated on social media.

The Court emphasized the aggravating factors of racial bias, victim vulnerability, and the offender’s leadership role in the assaults, while also considering mitigating factors such as the offender’s remorse, guilty plea, youth, lack of prior record, and positive changes since the offences.

The Court rejected a conditional sentence due to the gravity and nature of the offences, despite the offender’s rehabilitative prospects.

The Ontario Court of Justice considered whether section 320.19(1)(a)(i) of the Criminal Code, which mandates a minimum $1,000 fine for impaired operation of a conveyance, is unconstitutional as it prevents eligibility for a discharge.

The offender, Tyler Piccin, pleaded guilty to impaired operation with an extremely high blood alcohol concentration (447mg/100mL).

The Court followed a two-stage approach: first considering an appropriate sentence, including the possibility of a discharge, and only then addressing the constitutional challenge if a discharge was appropriate.

The Court found that despite the offender’s significant rehabilitation efforts and supportive family, the severity of the offence and public safety concerns outweighed the benefits of a discharge.

The Court imposed a $2,000 fine, a one-year driving prohibition, and probation with conditions, concluding that a discharge would be contrary to the public interest and undermine Parliament’s intent.

This sentencing decision addresses the sexual interference conviction of M.B., who pleaded guilty to sexually abusing his four-year-old niece.

The court considered the offender's background, mental health issues, and the serious nature of the offence, including the offender's exploitation of a position of trust and the lasting impact on the victim.

The court rejected a conditional sentence, emphasizing denunciation and deterrence as primary sentencing objectives for child sexual abuse offences, and imposed a custodial sentence of two years less one day, followed by probation and ancillary orders.