Mental health matters in sentencing

R v Lojovic, 2025 ONCA 319: it is an error in prinicple for a sentencing judge to fail to give effect to relevant mental illness because the defendant failed to manage their symptoms.

A welcome reminder to lawyers and sentencing judges that it is inappropriate to treat mental disorder as the fault of the defendant, no matter how serious the consequences the offending behaviour. Sentence reduced on appeal from 10 to 8 years for dangerous driving causing death committed during a manic episode.