Toronto Police Constable Christopher Hominuk Receives Conditional Discharge After Using Diabetic Defence

Update: see previous post – February 7, 2011 13 Year Veteran Constable of the Toronto Police, Pleads Guilty to Threatening Bodily Harm

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Toronto Police Constable Christopher Hominuk was provided with a conditional discharge (no criminal record) by Ontario provincial court Justice Hugh Fraser on June 27, 2011. Fraser bought the defence that Hominuk was indeed suffering from neuroglycopenia and that his Type 1 diabetes and the fact that he did not have lunch caused his bizarre aggressive behaviour. Fraser sentenced Hominuk to to nine months of probation, 50 hours of community service — preferably in the area of diabetes awareness — and a $500 victim surcharge. After Constable Hominuk heard the sentence he smiled and started to hug his supporters.

As a result of an incident on May 24, 2010 involving Toronto Police;  Acting-Sergeant Christopher Hominuk had criminal charges laid against him, those charges included – two (2) counts of threatening bodily harm, two (2) counts of assault with a weapon and one count of assault.

On January 31, 2011 Toronto Police Officer, 37 year old Constable Christopher Hominuk, plead guilty to one (1) count of threatening bodily harm, as a result of an incident that took effect on May 24, 2010.  The other four (4) charges were never pursued by the Crown.

Christopher Homiuk’s sentencing hearing, over the “threatening bodily harm” guilty plea began on June 14, 2011.

During this entire time, he was suspended from the force, with full pay.

At the sentencing hearing, his lawyer said that Hominuk had suffered enough, as he was demoted from a probationary sergeant to constable with a loss of $10,000 a year in pay.  His lawyer, defence counsel Peter Brauti  asked that the Judge give Hominuk a “conditional discharge”.  A conditional discharge, results in no criminal conviction.

Hominuk’s lawyer said that he wasn’t aware of any case in Ontario, where a police officer has been given a conditional sentence or jail sentence and has remained on the force.

His lawyer suggested that Hominuk’s behaviour was completely out-of-character and that it was a direct result of Hominuk’s lack of sleep and Type 1 diabetic behaviour, triggered by low blood sugar, that caused Hominuk to act bizarrely and aggressively.

A lack of sleep from caring for a new baby, added to Hominuk’s skipping a meal, resulted in the diabetically-triggered impairment and aggressive behaviour, Brauti argued.

In response, the Prosecutor, Philip Perlmutter argued that the defence has not proved that at the time Hominuk was suffering from neuroglyclopenia — a diabetic condition that alters brain function and can impair judgment.

Perlmutter urged the judge to impose a jail sentence if he finds the officer was not medically impaired.

Hominuk imposed a “gratuitous use of force on a defenceless, confined prisoner,” Perlmutter said. “It was a form of torture.”

Even if his judgment were impaired, he must take responsibility for skipping a meal and allowing his blood sugar to dive, Perlmutter said.

On June 27, 2011 Ontario Provincial Court Justice Hugh Fraser sentenced Toronto Police Constable Christopher Hominuk.

Ontario provincial court Justice Hugh Fraser ruled on that Const. Christopher Hominuk, 38, who has Type 1 diabetes, had his judgment impaired by a medical condition triggered by very low blood sugar during the incidents and imposed a conditional discharge (which means there is no criminal record on record).

Justice Fraser called Hominuk’s behaviour an “unprovoked, gratuitous exercise of force on handcuffed prisoners.”

But he added that the married father of two, who otherwise has an unblemished record, has accepted full responsibility for his crime. “He is extremely remorseful.”

He noted that on the day of the incident, Hominuk was sleep deprived from caring for a young child, and had skipped lunch.

“Officer Hominuk has acknowledged that it was a mistake not to eat lunch . . .,” the judge said, “And perhaps he let his guard down.”

Fraser also sentenced him to nine months of probation, 50 hours of community service — preferably in the area of diabetes awareness — and a $500 victim surcharge.

Justice Fraser found that Police Constable Christopher Hominuk was indeed suffering from neuroglycopenia and he rejected the notion that his lapse in self-regulation (skipping his lunch) should increase his sentence.

 

 

 

 

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