Ahmad Ammar

The Ontario Court of Justice sentenced Sevan Halabi to 10 months imprisonment followed by two years probation for sexual assault committed while working as an Uber driver.

The offender forcibly kissed and touched the victim in a deserted parking lot, breaching the trust inherent in the private transportation industry.

The court considered the offender’s immigration status, family circumstances, and lack of prior record but emphasized that the sentence must denounce and deter such conduct.

The decision carefully balances sentencing principles with the offender’s potential immigration consequences, rejecting a reduced sentence solely to avoid deportation.

The defendant, an Uber driver, was charged with sexual assault.

The Crown alleged non-consensual sexual contact, while the defendant claimed consensual interaction or an honest but mistaken belief in communicated consent.

The court assessed the credibility and reliability of both the complainant and the defendant.

The defendant's testimony was found to be inconsistent, illogical, and not credible.

The complainant's testimony was found to be clear, candid, and credible.

The court concluded that the complainant did not consent and that the defendant failed to take reasonable steps to ascertain consent, thereby negating the defence of honest but mistaken belief.

The defendant was found guilty.

Two sentencing proceedings heard together concerning the availability of intermittent sentences in the Southwest Region.

The first accused pleaded guilty to simple possession of 16 fentanyl patches contrary to the Controlled Drugs and Substances Act.

The second accused pleaded guilty to impaired driving, a second offence.

Both accused sought intermittent sentences to maintain employment.

The court learned of the Intermittent Community Work Program, which would allow offenders to serve their entire custodial sentences in the community through temporary absence permits.

The court found that this program rendered the sentences non-custodial in nature and therefore incompatible with the statutory requirement for "appropriate accommodation to ensure compliance" under section 732(1) of the Criminal Code.

The court declined to impose intermittent sentences and remanded both offenders into custody.