Weapons prohibition

This sentencing decision addresses the conviction of Waisuddin Akbari for uttering threats to bomb synagogues and kill Jewish people, motivated by hate and prejudice.

The court carefully considers the Kienapple principle regarding multiple convictions arising from the same act but finds the two offences distinct.

The sentencing analysis balances aggravating factors, notably the hate-motivated nature of the threats and their impact on the Jewish community, with mitigating factors including Akbari’s background, remorse, and community support.

The court rejects a conditional discharge as contrary to public interest and imposes a 60-day conditional sentence order with strict house arrest conditions, followed by three years probation, DNA order, and a 10-year weapons prohibition.

This sentencing decision addresses possession of fentanyl and methamphetamine for the purpose of trafficking, involving significant quantities of highly dangerous drugs.

The offender, Abdalaazim Malik Harun, pleaded guilty after trial commenced.

The Court emphasized denunciation and deterrence given the societal harms of fentanyl and methamphetamine trafficking, while also considering the offender’s stable family support and lack of addiction.

The sentence imposed was 6.5 years on the fentanyl count and 5 years concurrent on the methamphetamine count, with enhanced credit for pre-sentence custody.

The Court declined to grant additional Duncan credit for harsh pre-sentence conditions absent evidence but allowed some mitigation for strict bail conditions (Downes credit).

Ancillary orders included DNA sampling and weapons prohibitions.

The Ontario Court of Justice sentenced Jacob Yoell to 12 months imprisonment concurrent on two counts of robbery and aggravated assault, followed by two years probation with specific conditions including no contact with victims and a weapons prohibition.

The offences involved violent, racially motivated attacks on two homeless Black men in Windsor, captured on video and widely disseminated on social media.

The Court emphasized the aggravating factors of racial bias, victim vulnerability, and the offender’s leadership role in the assaults, while also considering mitigating factors such as the offender’s remorse, guilty plea, youth, lack of prior record, and positive changes since the offences.

The Court rejected a conditional sentence due to the gravity and nature of the offences, despite the offender’s rehabilitative prospects.

The court sentenced Calvin Au, a Toronto Police Service officer, for assaulting Chadd Facey after a failed transaction involving a fake watch.

The court found Au used excessive force in taking Facey to the ground, though not in his capacity as a police officer.

The sentence imposed was a suspended sentence and 12 months probation, with ancillary orders including a weapons prohibition and a DNA order.

The decision discusses the aggravating and mitigating factors, the impact on the victim’s family and community, and the heightened standards for police officers convicted of assault.

The court sentenced Pal Pintyi for manslaughter in the death of his brother-in-law, Robert Racz.

The trial judge considered the turbulent relationship between the men, the history of threats and violence, and the provocation by the deceased.

The Crown sought eight years’ imprisonment; the defence sought five.

The court imposed a sentence of five years plus one day (time served), taking into account harsh pre-sentence custody conditions, provocation, and mitigating factors such as Pintyi’s background, remorse, and prospects for rehabilitation.

Ancillary orders included a lifetime weapons prohibition and a DNA order.

The Court of Appeal for Ontario allowed the Crown's appeal from sentence, finding that the sentencing judge erred by imposing a two-year weapons prohibition under s. 51(3) of the Youth Criminal Justice Act (YCJA) following a youth's guilty plea to first-degree murder.

The Court held that the correct provision was s. 51(1), which requires a longer prohibition for offences subject to mandatory orders under s. 109 of the Criminal Code.

Both parties agreed to set aside the two-year prohibition and impose a 12-year weapons prohibition.

The Court substituted the appropriate order, noting the respondent's planning and aggravating circumstances.

The Ontario Court of Justice sentenced Marcial Katimaba Manigbas for sexual assault, considering aggravating factors such as the abuse of a professional relationship and the offence occurring in the victim's home.

Despite the seriousness, the court recognized mitigating factors including Manigbas' age, lack of prior criminal record, positive family and community ties, and collateral consequences suffered.

The court imposed a 5-month conditional sentence to be served in the community, a 12-month probation order with strict conditions including no contact with the victim, a DNA order, and a 5-year weapons prohibition.

The court declined to impose a SOIRA order, finding it disproportionate given the circumstances.

The Ontario Court of Justice sentenced S.T. to 8 months imprisonment for sexual assault of his spouse, with additional consecutive and concurrent sentences totaling 30 days for breaches of court orders.

The court considered aggravating factors including the violation of a position of trust, persistence despite victim resistance, and the significant psychological impact on the victim.

Mitigating factors included S.T.'s lack of prior record, remorse for breaches, employment history, and harsh pre-sentence custody conditions.

The court rejected a conditional sentence due to concerns about compliance and the seriousness of the offence.

A 10-year SOIRA order, DNA order, and a 10-year weapons prohibition were also imposed.

The court sentenced Mwanza Serge Mutombo for aggravated assault after a guilty plea.

The facts involved a vicious, unprovoked attack on a vulnerable, homeless victim, resulting in severe injuries.

The court considered aggravating factors such as Mutombo’s significant criminal record, the use of a weapon, and the vulnerability of the victim, as well as mitigating factors including his guilty plea, disadvantaged background, and harsh pre-sentence custody conditions.

The court reviewed relevant case law and sentencing ranges, ultimately imposing a nine-year sentence, less pretrial custody credit, and making ancillary orders including a lifetime weapons prohibition and DNA order.

This sentencing decision addresses the appropriate sentence for a mother convicted after trial of assault with a weapon against her young son over nearly three years.

The court rejects the parties' joint proposal for a suspended sentence with probation, finding it insufficient to reflect the offender’s moral blameworthiness, the child’s vulnerability, and the serious harm caused.

The judge emphasizes the limited applicability of the Anthony-Cook test post-trial, the primacy of denunciation and deterrence in child abuse cases, and the aggravating factors including the pattern of conduct, breach of trust, and impact on the victim.

Despite mitigating factors such as the offender’s progress and lack of prior record, the court imposes an 18-month conditional sentence followed by two years probation, with ancillary orders including DNA sampling and a weapons prohibition.

S.K. was convicted of assaulting a child, H.J.P., and sentenced to a 3-month suspended sentence with 18 months’ probation and a lifetime weapons prohibition.

The court considered the context of domestic violence, the principles of denunciation and deterrence, and the applicability of Supreme Court guidance in Friesen and Marchand.

The Crown’s request for a common law peace bond was denied due to insufficient evidence of ongoing risk.

The decision emphasizes individualized sentencing and the heightened seriousness of offences against children.

Noah Spencer was convicted of possessing a loaded prohibited firearm with an overcapacity magazine while subject to a weapons prohibition, and possession of fentanyl, methamphetamine, and crack cocaine for trafficking.

The Crown sought a global sentence of 6 years less pre-sentence custody, while the defence sought a one-year conditional sentence.

The judge balanced aggravating factors, including the dangerous combination of drugs and firearms and breach of a weapons prohibition, against mitigating factors such as Spencer’s youth, disadvantaged upbringing, systemic racism, and demonstrated rehabilitation efforts.

The court imposed a global sentence of 4 years less pre-sentence custody, with consecutive sentences for firearms, CDSA, and prohibition offences, resulting in a net sentence of just over 20 months to serve, followed by probation and a lifetime weapons prohibition.

The appellant, Phillip Rodd, appealed a decision ordering the forfeiture of his firearms and a three-year weapons prohibition under s. 117.05(4) of the Criminal Code.

The appeal challenged the application judge’s findings on the basis of misapprehension of evidence, reliance on hearsay, and failure to consider the appellant’s circumstances.

The Superior Court of Justice found that the application judge properly considered all evidence, including hearsay, and applied the correct legal test.

The appeal was dismissed.

This sentencing decision addresses multiple armed robbery offences and possession of a loaded restricted firearm by Travis Hinds, a young first-time offender.

The court considered the aggravating factors including the use and possession of firearms in multiple planned robberies, the serious injury caused to a victim by a firearm discharge, and the public safety risk posed by such crimes.

Mitigating factors such as Hinds' youth, guilty pleas, lack of prior record, and family support were also weighed.

The court imposed a global sentence of 8 years imprisonment, concurrent sentences for multiple counts, and ancillary orders including a lifetime weapons prohibition, DNA order, forfeiture of seized firearm and ammunition, and a no-contact order with victims.

Nick Chrysostomou pled guilty to assault causing bodily harm after attacking a man with a hatchet during a road rage incident in Toronto.

The Court considered aggravating factors including the deliberate use of a weapon, the serious injury caused, and the public nature of the offence.

Mitigating factors included Chrysostomou’s lack of prior record, guilty plea, and rehabilitative potential.

The Court rejected a conditional discharge as contrary to public interest but imposed a 6-month Conditional Sentence Order with strict conditions, followed by 18 months probation, emphasizing denunciation, deterrence, restraint, and rehabilitation.

Reyan Chaudhry pleaded guilty to 17 charges across four GTA jurisdictions, including residential break and enters, multiple motor vehicle thefts, flight from police, and impaired driving, all driven by a severe opioid addiction.

The Crown and defence presented a joint submission for a global sentence of 5.5 years.

The primary contested issue was the quantification of mitigation for harsh presentence custody conditions (Marshall or Duncan mitigation).

The court accepted the joint submission for the global sentence and, after considering the severe lockdown and triple-bunking conditions, awarded an additional six months of mitigation for presentence custody.

The court also imposed a seven-year driving prohibition.

Timothy Bolton was sentenced for two counts of robbery.

The first involved the knifepoint theft of a phone from an elderly man with a walker.

The second, committed while on bail, involved stabbing a woman in the face with a knife, followed by a chokehold and demand for money.

The Crown sought a 20-month custodial sentence, while the defence argued for 14 months, further mitigated to 10.5 months due to allegedly harsh presentence custody conditions.

The court found the victims to be vulnerable, and the use of the knife, planning, and re-offending while on bail were aggravating factors.

While acknowledging mitigating factors such as guilty pleas and a 13-year gap in the record, the court dismissed the claim for additional mitigation based on custody conditions, finding them not "particularly harsh." The court expressed concern about the offender's perceived lack of insight into his fentanyl addiction and his post-release plans.

A sentence of 20 months' custody was imposed, along with three years of probation, a DNA order, restitution, and a 10-year weapons prohibition.

Gurlal Dhillon pleaded guilty to charges of robbery, dangerous driving, and breaching a youth sentence, arising from an armed robbery spree involving multiple vehicle thefts at gunpoint using an imitation firearm.

The court considered aggravating factors including the use of a realistic imitation firearm, the defendant's prior youth sentences, the prevalence of car thefts, and the significant trauma inflicted on victims.

Mitigating factors included an early guilty plea and the defendant's age.

The Crown sought a five-year jail sentence, while the defence proposed three years.

The accused was charged with failing to comply with judicial interim release conditions (curfew and weapons prohibition) after a traffic stop.

He brought a Charter application alleging violations of ss. 8, 9, 10(a), and 10(b).

The court found that the accused's detention became arbitrary, his s. 10(a) rights were violated by delayed notification of reasons for detention, and his s. 10(b) rights were violated by delayed access to counsel and incomplete information.

The search of his person and wallet was also found to be illegal.

Applying the s. 24(2) Grant analysis, the court excluded the seized weapons due to serious police misconduct and significant impact on the accused's Charter rights, leading to a finding of not guilty on the weapons charge.

The curfew charge was dismissed earlier by the Crown.

Thomas Dyer was sentenced for uttering threats against the Prime Minister at a campaign event.

The court emphasized the seriousness of threatening a high-ranking elected official and the anti-democratic nature of such conduct, highlighting the need for denunciation and deterrence.

While acknowledging the accused's traumatic brain injury, subsequent rehabilitation, and family responsibilities as mitigating factors, the court found the Crown's proposed fine and probation too lenient.

A 60-day conditional sentence was imposed, along with 12 months of probation including 100 hours of community service, and a DNA order.

The court declined a new weapons prohibition due to an existing lifetime ban.