2 total
Joint submission of 8 years accepted for drive-by shooting; pre-sentence credit reduced for institutional misconduct.
The offender pleaded guilty to six offences, including conspiracy to commit robbery and discharging a firearm with intent, following a drive-by shooting and vehicle pursuit in Stoney Creek.
The Crown and defence proposed a joint submission of eight years.
The court expressed serious concern that the joint submission was at the extreme low end of the range for such egregious gun violence, but ultimately accepted it.
Due to the leniency of the joint submission and the offender's repeated institutional misconduct, the court declined to grant enhanced Duncan credit for harsh pre-sentence custody conditions and reduced the standard Summers credit to a 1.25:1 ratio, resulting in a net sentence of 69 months.
Custody Application decision
The Ontario Court of Justice sentenced T.O. following his guilty pleas to four counts of voyeurism under s. 162(1) and one count of theft under s. 334(b)(i) of the Criminal Code.
The offences involved surreptitious sexualized photography of children and adults, including nude images and the theft and sexual use of victims' underwear.
The court considered aggravating factors such as the large volume of images (over 1,000), the prolonged duration of offending over five years, abuse of trust, and the significant impact on victims and their families.
Mitigating factors included T.O.'s lack of prior record at the time of offences, guilty pleas, remorse, and engagement in treatment.
The court rejected a conditional sentence order, imposing an effective custodial sentence of almost 18 months, followed by three years’ probation with strict conditions, and a 10-year SOIRA order.
Ancillary orders included DNA sampling, forfeiture of electronic devices, and communication restrictions.
