Abdullah Gur

This sentencing decision addresses the conviction of Cengiz Ay for impaired operation of a motor vehicle and refusal to provide a breath sample.

The court considered aggravating factors including dangerous driving towards a residential home, structural damage, evacuation due to gas smell, and high intoxication.

Mitigating factors included the isolated nature of the incident, no prior record, and family support.

The judge imposed a global conditional sentence of 90 days (60 days for impaired operation and 30 days consecutive for refusal), house arrest with specific exceptions, a 24-month probation period with conditions including ignition interlock and counselling, and a 27-month driving prohibition.

The decision balances public safety, deterrence, and rehabilitation.

Cengiz Ay applied for a stay of proceedings, alleging a violation of his s.11(b) Charter right to be tried within a reasonable time.

The total delay was 33 months and two weeks (1019 days).

The court applied the R. v. Jordan framework, deducting periods of defence-caused delay (waivers, counsel removal, requests for time to retain new counsel) and discrete events (COVID-19 impact on scheduling, Crown witness illness).

After deductions, the net delay was calculated to be 17 months, which is below the 18-month presumptive ceiling for the Ontario Court of Justice.

The court found that the applicant did not take meaningful and sustained steps to expedite the proceedings, nor did the case take markedly longer than it reasonably should have.

The application for a stay of proceedings was denied.