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FACT SCENARIO (Out of 15 Marks) Homer S. is a 38 year old, married father of three children - Bart, Lisa and Maggie. He lives
FACT SCENARIO (Out of 15 Marks) Homer S. is a 38 year old, married father of three children - Bart, Lisa and Maggie. He lives with his wife, children, dog and cat in a quaint neighbourhood in Springfield, Ontario. He has been gainfully employed as a Nuclear Safety Technician at the Springfield Nuclear Plant since his graduation from High School and is the sole breadwinner for his family. On the evening of October 31, 2022, after receiving toothpaste and a Bible in lieu of candy while attempting to "trick-or-treat" at his neighbour's home (Ned F), it is alleged that Homer S. became enraged and returned to the F. home just prior to midnight and covered the front of the home with rotten coleslaw. When Ned F. awoke from his sleep and came outside to inspect the commotion, he was struck in the nose with a half-eaten rotisserie chicken, allegedly tossed by Homer S. When Ned F. asked if that was him, Homer S. allegedly let out a high-pitched scream, and subsequently ran into a nearby tree, where he then fell unconscious and remained until police promptly apprehended him. Homer S. was arrested by Lieutenant Lou Nolastnamegiven, booked and processed and was held for a bail hearing the next morning. He reportedly told police that he had "7 lunch beers" at work the previous day and had no memory of doing anything to "Stupid Flanders". The Springfield Police Department charged Homer S. with: Mischief to Property Under $5,000 x1 (s. 430 (1)) Assault w/ a Weapon, to wit, a half-eaten rotisserie chicken, x1 (s. 267(a)) Homer S decided to plead guilty to the offences as charged. In addition to the above noted facts, the Crown also read in the following further facts: Mr. S. has a prior criminal record for impaired driving x3; domestic assault x5 for strangling his son Bart; failure to comply with probation x2; and uttering threats x2 vs. Ned F in the past Mr. S has admitted that he has problems with anger, impulse control and alcoholism, as well as a history of not complying with court orders Mr. S habitually "borrows" items (and entire rooms) of Mr. F's home and rarely, if ever returns them, and is therefore highly unlikely to comply with court orders for non-contact and non-attendance at the F residence Ned F and his family do not want Homer to go to prison and have forgiven him for his behaviour YOU ARE THE SENTENCING JUDGE IN THE SENTENCING HEARING FOR HOMER S. Craft a sentencing decision in this case. Be sure to explain in full your reasoning for decision with reference to: any statute or case law that is applicable to the facts; Factors you considered; Why you chose the sentence that you did and not others that might have been available Any ancillary orders you might impose
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