R v Hill, 2013 ONCJ 159

Sentencing decision following guilty pleas.

After discharging from a health care facility, Offender broke into the home of a 86 years old victim. Offender charged for (1) break and enter for robbery, (2) unlawful confinement of the victim, and (3) resisting lawful arrest. (Court took note that while in the home, the Offender kicked the victim’s dog.)

In the assessment report, the Offender reported that he formerly abused animals, and watched his friends kill animals while intoxicated. The report concluded that the Offender was at a high risk of reoffending and acting out aggressively, which was an aggravating factor in the sentencing. Other aggravating factors: nature of the offence / victim’s trauma and condition / the offence taking place just 2 days after leaving the treatment centre.

Mitigating factors: Crown’s overwhelming strong case / the admission of guilt / lack of extensive criminal record / Offender is now stabilized and on medication.

For break and entering and robbery: 8 Years in the penitentiary, on top of the 9 months of pre-trial custody that’s been served.
For forcible confinement: 8 years concurrent.
For assault resisting arrest: 6 month concurrent.
(Animal cruelty was not a charge in this matter, just briefly mentioned as a part of the offender’s background.)