Ella Brosch

The court sentenced Jaleem Abdella-Smith for second degree murder, following a jury verdict.

The sentencing reasons review the facts of the offence, the circumstances of the offender, the impact on the victim’s family, and the applicable sentencing principles and ranges.

The court imposed a life sentence with 12 years of parole ineligibility, considering the impulsive nature of the shooting, the offender’s youth, lack of criminal record, difficult background, and the particularly harsh conditions of pre-sentence custody.

The decision also addresses the weight of jury recommendations and the importance of denunciation and deterrence in gun violence cases.

The Ontario Court of Justice found that the accused, Adebiyi Adekunle, experienced a violation of his section 11(b) Charter right to be tried within a reasonable time due to excessive delay of over 20 months from charge to trial.

The delay was primarily attributed to the Crown's inaction and failure to move the case forward, including missed pre-trials and lack of timely communication.

The court rejected the Crown's arguments that portions of the delay were caused solely by the defence or justified by case complexity.

The remedy of a stay of proceedings was granted.