D. Emami

The offender pleaded guilty to contravening Ontario Securities law by acting as a general manager of a transfer agency while subject to a prohibition order.

The Crown sought a fine and probation, while the defence sought a suspended sentence and probation.

The court found that the offender's conduct was a mistake of law, openly disclosed, and resulted in no financial loss to anyone.

Considering the offender's severe financial hardship, remorse, and a suicide attempt upon learning of the investigation, the court applied the principles of proportionality and restraint, concluding that a fine would be unfit.

A suspended sentence with two years of probation was imposed.

The accused applied to strike his guilty plea to a charge of threatening death, arguing that it was not informed, voluntary, or unequivocal due to his mental state, restrictive bail conditions, and a misunderstanding of the plea bargain.

The court found that the accused understood the legal consequences of his plea, was not coerced, and unequivocally admitted the essential facts.

The court concluded that the accused made a tactical decision to plead guilty and only sought to withdraw it upon realizing he might receive a harsher sentence than anticipated.

The application was dismissed.