Editor’s note: The following article contains graphic details that could be disturbing for some readers.
A Barrie judge must decide whether a Toronto man — whom the Crown and defence lawyers agree should be declared a dangerous offender — should serve any more time before being placed on a 10-year supervision order.
Carl Obermeier, 60, pleaded guilty to assault nearly a year ago and was then found guilty of sexual assault three weeks later following a trial.
During Friday’s sentencing hearing, court heard Obermeier was living in Toronto but working and staying in Oro-Medonte Township when he assaulted a woman in June 2018.
Briefly recalling the facts, Crown attorney Michelle Levasseur said Obermeier hit the woman with force causing her head to snap back and “batted her” with an open palm to the face, tried to get her to perform fellatio, then threw her on a car, pulled down her pants and tried, unsuccessfully, to have intercourse with her.
“Mr. Obermeier has an extremely violent and lengthy criminal record spanning four decades,” said the Crown prosecutor.
She asked that he be handed a five-year sentence in addition to the 646 days he spent in pre-trial custody.
Obermeier’s 17 prior convictions, between 1980 and 2016, include one for manslaughter in Toronto as well as two for sexual assault. In 2008, he pleaded guilty to manslaughter and aggravated assault in the 2006 stabbing of two men during an altercation following a night of drinking in Scarborough.
Defence lawyer Alison Craig argued that he has stayed out of trouble during the nearly two years he’s been out on bail and his efforts to reform would be wiped out if he were to be sent back to jail.
The Crown referred to a psychiatrist’s assessment indicating Obermeier was at an above-average risk for violent recidivism.
“The accused has continually engaged in a pattern of aggressive, violent and harmful behaviour,” suggesting likelihood of further injury to others, said Levasseur, adding he poses a significant threat to those in the community.
She then read from the victim-impact statement which lays out the lasting effect the attack has had on the woman. She described ongoing anxiety, irritability, shame, fear, anger, and despair.
“It forever changed the way I perceived the world,” the lawyer read from the statement. “I feel disconnected from everyone around me.”
In addition to time in the penitentiary, the Crown is seeking $1,440 in restitution to cover the cost of the victim's therapy.
Obermeier's defence lawyer countered that her client has been out on bail with strict conditions for the past two years without incident. Any programming he would receive in prison he could also access in the community while on the long-term supervision order, Craig added.
She told the court he has plans to build small buildings with his brother on property they’ve purchased together.
“Mr. Obermeier has shown at this point he doesn’t need to be separated from society,” said Craig. “No more time or custody is necessary or appropriate.”
Stepping back into custody is the last thing that would do him good, she said, adding efforts to promote his rehabilitation are in turn beneficial to society.
When asked if he wanted to address the court, Obermeier quoted from a Facebook post, including the phrase: “All I can do is try.”
“If I do go back to jail, that will be the end of everything,” he said. “It has done so much damage. …. I will not come out a better man. You may as well keep me there.”
Obermeier returns to court March 25 for sentencing before Justice Howard Leibovich.
