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\u201cHe has shown disrespect towards his family and violence towards the public \u2014 he is incorrigible,\u201d said Simone. \u201cHis honour has heard he\u2019s only reported once to probation despite having been placed on six different probations since arriving in Ontario in 2020.\u201d<\/p>\n
Kelly pointed out that the sexual assault conviction occurred on the TTC as well. \u201cAnd 15 days after his release for a stabbing,\u201d said the judge.<\/p>\n
\u201cAnd he was on probation. He was supposed to report and he did none of those things,\u201d Simone added.<\/p>\n
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\u201cHis high risk to the public and his unmanageability to the community are why the Crown seeks a high parole ineligibility,\u201d concluded Simone.<\/p>\n
Defence lawyers Jeff Berman and Robert Cutruzzola suggested a period of parole ineligibility of 12 years. Berman pointed out that O\u2019Brien-Tobin suffers from antisocial personality disorder, probably psychopathy and severe substance disorder.<\/p>\n
Berman said his client got credits for Grades 10 and 11 but as a child lived in a group home for many years.<\/p>\n
\u201cI would say that this guilty plea is a significant one and should be considered in mitigation of the ineligibility period,\u201d said Berman, telling court it\u2019s a sign of remorse and responsibility.<\/p>\n
\u201cHe does have a significant record and there\u2019s no disputing the sheer number of offences. It\u2019s aggravating. It could be noted that a significant portion of the offences were on the minor side,\u201d Berman concluded.<\/p>\n
After speaking briefly with O\u2019Brien-Tobin, Berman said his client wanted him to explain the breaches.<\/p>\n
\u201cHe does have a drug addiction and the breaches we often see in our system,\u201d he said. \u201cWhere someone is so involved in drugs that they don\u2019t focus on the court orders that are in place.\u201d<\/p>\n
Berman said O\u2019Brien-Tobin makes no excuses for his behaviour but does suffer from major substance abuse issues. \u201cIt shouldn\u2019t be an issue going forward if he deals with the drug addiction,\u201d he said.<\/p>\n
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O\u2019Brien-Tobin stood up and read from a piece of paper when asked by the judge if he had anything to say.<\/p>\n
\u201cI kind of wrote a letter to the family,\u201d he said in a speech where he explained his first-born daughter has died since his arrest. \u201cWords cannot explain when I realized what I had done. Nothing can bring back your son. I personally lost a friend due to suicide three weeks before. I was going through a lot mentally and physically.\u201d<\/p>\n
He continued: \u201cI no longer sleep fully at night because I am so haunted by what I did. I ask if that was god punishing me for what I\u2019ve done. I\u2019m sorry for what I\u2019ve done. I\u2019m sorry for your loss.\u201d<\/p>\n
The judge has reserved her decision on sentencing until later this month.<\/p>\n<\/p><\/div>\n