Ghazi Jarrar

The accused was charged with assault with a weapon and unlawful confinement arising from an October 2022 incident.

The Crown's case relied on video evidence and testimony from a co-accused who had pleaded guilty.

During trial, the Crown's key witness expressed repeated safety concerns and refused to answer questions about who recorded the videos, citing fears for his and his family's safety.

The accused brought a mistrial application, arguing that the jury would speculate that the accused or someone connected to him was the source of the witness's fears, and that the jury would infer the accused was the videographer based on the witness's reluctance to answer.

The trial judge dismissed the mistrial application, finding that a mid-trial instruction and final jury charge adequately remedied any prejudice.

The jury subsequently convicted the accused of assault with a weapon and acquitted on unlawful confinement.

This sentencing decision by Justice B. Green in the Ontario Court of Justice addresses the sexual assault and assault convictions of Daniel Hall.

The judgment provides a detailed factual background of the offence, emphasizing the victim's vulnerability and the violent nature of the assaults.

The court carefully considers the principles of sentencing, including denunciation, deterrence, rehabilitation, and the principle of restraint, especially given the offender's lack of prior criminal record at the time of the offence.

The decision extensively reviews relevant appellate and Supreme Court jurisprudence, particularly the landmark R. v. Friesen decision, to establish the appropriate sentencing range for sexual offences involving vulnerable victims.

The court ultimately sentences Mr. Hall to five years' incarceration for sexual assault, with concurrent six months for assault, alongside ancillary orders including a 20-year SOIRA registration, DNA submission, weapons prohibition, and an eight-year peace bond to protect the victim.