By: Meryl Friedland
PDF Version: Appellate Court Discusses Impact of Mental Health on Sentencing in Overturning Jail Term for Possession of Gun
Case Commented On: R v Fabbro, 2021 ONCA 494 (CanLII)
The Ontario Court of Appeal recently released R v Fabbro, 2021 ONCA 494 (CanLII), which addresses the sanction for a criminal offence committed during a mental health crisis. The facts of the case and grounds of appeal relate to a suicide attempt and suicidal ideation, which are discussed throughout this post. Mr. Fabbro’s charges related to possession of a firearm that he was using in an attempt to end his life. The sentencing judge decided that Mr. Fabbro should go to jail for two years for this. The Court of Appeal overturned the decision and substituted a conditional sentence order – colloquially, ‘house arrest’ or jail in the community.