A now ex-Toronto police officer who committed an “egregious breach of public trust” by stealing and eating cannabis-infused chocolate — while on duty — has received a nine-month conditional sentence, six months of it to be served under house arrest.

Former constable Vittorio Dominelli, 36, made a “reckless, immature and impulsive” decision to ingest evidence stolen from a just-raided Toronto pot dispensary, committing multiple breaches of trust in doing so, Ontario Court of Justice Mary Misener said in a Newmarket courtroom Monday.

She rejected a defence recommendation that Dominelli receive a conditional discharge — leaving him with no criminal record — saying his conduct needed to be “sternly denounced” with a jail sentence.

Misener said she would not be carrying out her duties to protect the rule of law, “if I were to grant a discharge to an officer who tampered with evidence in a criminal investigation. A discharge is contrary to the public interest.”

But the judge also noted Dominelli’s motive wasn’t tied to corruption and appears one driven by “reckless curiosity.”

Regardless, Dominelli not only stole evidence “he endangered the public with his self-induced intoxication. He was wandering outside in a haze while on duty and armed with a firearm.”

The consequences of his actions are “very serious” and the ramifications go well beyond this case, Misener continued, noting criminal charges were withdrawn against seven people charged in connection to the pot dispensary bust.

In addition, “when a police officer tampers with evidence, he undermines the public trust in the integrity of investigations and prosecutions” and lends credence to allegations of evidence tampering.

By all accounts, Dominelli’s thirteen years on the force were served with distinction. He is also a devoted husband and father with an impeccable personal reputation, the judge said.

“Not only is his record unblemished, it is highlighted with accolades from his supervising officers and from members on the public.” Other mitigating factors were his decisions to plead guilty and resign.

Those features entitle him to serve the jail sentence in the community, Misener said.

Read more:

Former Toronto cop who ate pot edibles on duty pleads guilty to attempting to obstruct justice

Officers accused of consuming marijuana edibles while on duty ate chocolate laced with cannabis oil, documents show

Police officers caught using their position for personal gain in recent years

She noted that Dominelli has suffered tremendously, losing a lucrative career and the humiliation of the episode living on in infamy on the internet.

The January incident became the subject of widespread mockery after it was reported that Dominelli and his partner that night, Const. Jamie Young, became so intoxicated they had to call for backup.

Young faces one count of criminal breach of trust and attempting to obstruct justice. The charges against her have not been proven.

“Send an ambulance,” Dominelli could be heard telling an emergency dispatcher in a radio call played in court earlier this month.

“What’s going on?” the dispatcher asks.

Loading... Loading... Loading... Loading... Loading... Loading...

“I think I’m going to pass out … I’m just light-headed,” he responds.

In an agreed statement of facts presented earlier this month, the court heard Dominelli had put three full cannabis chocolate bars in his pocket after helping seize evidence from a dispensary raid.

Later, while still on duty conducting surveillance at an after-hours club, Dominelli and Young discussed how neither had used cannabis before and decided to try the chocolate, according to the agreed statement of facts.

The chocolate’s packaging — which had warnings instructing consumers to take a small portion and wait 40 minutes — was later found empty.

“I realized instantly what a stupid thing I had done,” Dominelli said in a summary of his evidence submitted as an exhibit. “I just wanted medical help.”

Dominelli, Young and another officer who slipped on the ice after responding to the call for help were all taken to hospital that night. The officer who fell suffered a serious concussion and remains unable to work.

Appearing weak — lawyer Peter Brauti earlier told the court his already thin client had lost 12 pounds — Dominelli briefly addressed the court earlier this month, after pleading guilty to attempting to obstruct justice.

He told Misener that above all, he was “truly remorseful” about the incident, knowing that it has had dire consequences for his family, Toronto police and more. The former officer said he understood the impact of what he did and “that’s why I have been attempting to co-operate in any way that I can,” he said.

“This is something that I know will change my life, for the rest of my life,” he told the court.

Becoming emotional, he said he wanted to serve as a role model to his three daughters, despite actions he acknowledged turned his family’s life “upside down.”

“I just want my kids to see me as a good person,” he said, his voice breaking. “If I can set an example for them it could be that I tried to do what was right after what I did was wrong.”

Misener, Crown Philip Perlmutter and Brauti each called Dominelli’s actions “stupid,” with Misener at once point calling Dominelli’s actions, while not fuelled by corruption, were that of a “complete idiot.”

On Monday, Misener also ordered Dominelli to perform 60 hours of community service, on top of the 40 hours he has already served. Perlmutter withdrew a breach of trust charge.

Wendy Gillis is a Toronto-based reporter covering crime and policing. Reach her by email at wgillis@thestar.ca or follow her on Twitter: @wendygillis

It looks as if you appreciate our journalism. Our reporting changes lives, connects communities and effects change. But good journalism is expensive to produce, and advertiser revenue throughout the media industry is falling and unable to carry the cost. That means we need you, our readers. We need your help. If you appreciate deep local reporting, powerful investigations and reliable, responsible information, we hope you will support us through a subscription. Please click here to subscribe.