D.R. [2019] O.J. No. 4177

This was a sentencing hearing following on from a guilty finding under sections 445.1 and 445(2) Criminal Code.

For the original judgment see R v D.R. 2018 ONCJ 900

The accused had strangled the rabbit at his group home because he was in a rage about not being fed before the other residents and because he was not being let back into the house with the rabbit. He killed the rabbit in full view of the worker at whom he was angry in order to send a message that he was angry at him. The accused showed no remorse. This was a significant aggravating factor.

In mitigation, the court took into account the accused’s difficult upbringing which involved him being taken in care at the age of four as a result of family violence, neglect, and parenting capacity issues. The accused was at a critical juncture in terms of his development. He had shown some signs that his course could be changed despite his past. He enjoyed his present residence and programming and did not want to lose them and there was some hope of success.

If the accused was put in custody, he would lose all of this. On the other hand, a deferred sentence and custody order would put the accused at risk of losing what he enjoyed (in the event of breach), thereby maximising his potential for rehabilitation.

The court held that the appropriate sentence would be a deferred custody and supervision order followed by two years’ probation. Additionally, he was given a 10 year prohibition order.