R. v. Dougherty, 2025 ONCJ 133 (CanLII) 

​

R. v. Dougherty, 2025 ONCJ 133 involves the sentencing of Officer Ryan Dougherty, who was found guilty of assault causing bodily harm. The incident occurred on November 8, 2022, when Officer Dougherty attempted to re-apprehend Mr. Semerling, who had left the Thunder Bay Regional Health Sciences Centre after being detained under the Mental Health Act (MHA). During the encounter, Officer Dougherty used unreasonable and disproportionate force, striking Mr. Semerling four times in the face, resulting in a broken nose and a concussion. 

​

The Ontario Court of Justice, presided over by Justice P.T. O’Marra, considered the victim impact statement, which detailed the severe psychological and emotional distress suffered by Mr. Semerling, including anxiety, flashbacks, and loss of trust in law enforcement. The Crown sought a suspended sentence with two years of probation, 200 hours of community service, and a DNA order, emphasizing the need for denunciation and deterrence. The defense argued for a conditional discharge, citing Officer Dougherty’s lack of a criminal record, strong community support, and participation in counseling. 

​

The court weighed aggravating factors, including the breach of public trust, the power imbalance, and the failure to document the use of force, against mitigating factors, such as Dougherty’s otherwise exemplary record and remorse. Ultimately, the court imposed a suspended sentence with probation, reinforcing the importance of accountability for police officers and the need for public confidence in law enforcement. 

​

This case highlights the legal principles of proportionality, deterrence, and denunciation in sentencing law enforcement officers for misconduct.