Relevant Facts: The accused (Peterson) father resided in the same apartment, a three-story building, as accused. Peterson lived in the 2nd floor apartment whereas his father resided in the first floor apartment and basement. Joyce stayed in the apartment’s third floor. Peterson kept the entrances between the apartments sealed. His father’s room lacked a functioning kitchen, and was occupied by cockroaches. His daughter supposed he being feed by Peterson, however, it wasn’t the case. Peterson’s father was therefore living in deplorable conditions.
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Dissenting Opinions: In S. Borins J.A opinion, he viewed the sentence enforced in this court case as overly punitive and one that flops to meet the s. 781.1 proportionality requirement. Given the offence circumstances and the offender, the six months jail sentence, followed by a probation of two years and carrying out of community service for 100 hours was excessive and, thus, unfit. The deterrence objective could have been achieved through a conditional sentence comprising appropriate terms.