Michelle K. Fuerst

The court sentenced Samantha Arezo Faryadpoor for her role in a violent home invasion and robbery.

While she did not physically assault the victim, she was an active participant in the planning and execution of the offence.

The court considered both aggravating and mitigating factors, including the seriousness of the offence, the lasting harm to the victim, Faryadpoor’s youth, her guilty plea, and her efforts at rehabilitation.

The court imposed a sentence of three years and ten months in jail, less credit for pre-sentence custody and time on house arrest, followed by two years’ probation with conditions.

The court sentenced K.D., a young person, for being an accessory after the fact to the offence of discharging a firearm with intent, following a guilty plea.

The case arose from a fatal shooting at the Pickering Casino Resort.

The Crown sought an adult sentence, but the court found that the presumption of diminished moral blameworthiness was not rebutted and that a youth sentence would be sufficient to hold K.D. accountable.

The court imposed a 6-month deferred custody and supervision order followed by 12 months of probation, with conditions, and ancillary orders including a DNA order and weapons prohibition.

The court sentenced Dwaine Trapper Graham to nine years’ imprisonment for manslaughter, following a joint submission by Crown and defence.

Graham fatally stabbed Noran Leslie-Durrant with a broken golf club during an altercation.

The decision reviews the circumstances of the offence, Graham’s background, the aggravating and mitigating factors, and the applicable sentencing principles.

The sentence was reduced by credit for pre-trial custody and ordered to run concurrently with another sentence.

The court accepted the joint submission, finding it within the appropriate range for such offences.

The court sentenced James William Schwalm to life imprisonment with no eligibility for parole for 20 years after he pleaded guilty to the second degree murder of his wife, Ashley Schwalm.

The decision details the planning and execution of the murder, the subsequent cover-up, and the devastating impact on the victim’s family and children.

The court considered aggravating and mitigating factors, including the calculated nature of the offence, the absence of prior criminal record, and the guilty plea, ultimately finding that a parole ineligibility period above the usual range for intimate partner homicides was warranted.

The court sentenced Alexander George Jolly for manslaughter after he shot and killed Nicole Mercer, with whom he had an intimate relationship.

The decision reviews the circumstances of the offence, the impact on the victim’s family, the offender’s background, and the aggravating and mitigating factors.

The court imposed a nine-year sentence, less credit for pre-sentence custody, emphasizing denunciation and deterrence in intimate partner violence cases.

The court sentenced Norman Joseph May for the manslaughter of Shirley Hatley, following a joint submission by Crown and defence for 11.5 years' imprisonment, less pre-sentence custody.

The case proceeded on an uncontested basis, with the facts read into the record and not disputed.

The court reviewed the circumstances of the offence, the impact on the victim’s family, and Mr. May’s personal circumstances, including his prior record and health issues.

The court accepted the joint submission, emphasizing the aggravating factors of intimate partner violence and the brutality of the offence, and imposed the recommended sentence.

The defendant pleaded guilty to manslaughter with a firearm following a planned home invasion that resulted in a fatal shooting and assault.

The court considered aggravating factors, including the planned nature of the home invasion, the use of a loaded prohibited firearm, the defendant's leadership role, and the severe impact on victims.

Mitigating factors included the guilty plea, lack of adult criminal record, youth, and harsh pre-sentence custody conditions.

The court imposed an 11-year sentence, less credit for pre-sentence custody, emphasizing denunciation, deterrence, and public protection.

Barbara Kennedy pleaded guilty to second-degree murder for strangling her roommate, Terri Johnson, who was physically vulnerable.

The court considered aggravating factors including the breach of trust inherent in the roommate relationship, the killing in the victim's home, the inhumane disposal of the body, and initial concealment efforts.

Mitigating factors included the guilty plea, lack of prior criminal record, and the offender's advanced age.

The Crown sought a parole ineligibility period of 14 to 15 years, while the defence sought the minimum of 10 years.

The court imposed a life sentence with 12 years of parole ineligibility, emphasizing denunciation and deterrence as paramount sentencing principles.

Mikhail Vasiliev pleaded guilty to multiple counts of extortion, unauthorized use of a computer to commit mischief to data (related to LockBit ransomware attacks), and possession of prohibited firearms.

He deployed ransomware against three Canadian companies, causing significant financial losses and operational disruptions, totaling approximately $900,000 in damages and remediation costs.

The court considered aggravating factors such as the planned and deliberate nature of the cybercrimes, the motivation of personal gain, the substantial harm to victims, and the possession of loaded firearms.

Mitigating factors included his guilty plea, early resolution efforts, consent to extradition to the U.S. for related charges, anticipated restitution, and being a first offender.

The judge imposed a global sentence of four years and six months imprisonment, emphasizing denunciation and general deterrence for cybercrime.

This decision concerns the sentencing of the defendant for manslaughter, to which he pleaded guilty.

The offence involved the fatal assault of his intimate partner, who was vulnerable due to drug and alcohol consumption.

The assault was brutal and prolonged, resulting in blunt force trauma and internal injuries.

Aggravating factors included the domestic context, victim vulnerability, the vicious nature of the assault, the defendant's failure to summon immediate medical aid, and prior abuse.

Mitigating factors included the guilty plea, sincere remorse, youthful first offender status, harsh pre-sentence custody conditions, rehabilitative efforts, and strong family support.

The court balanced these factors, imposing a sentence of eight years in jail, less pre-sentence custody credit.

This decision concerns the sentencing of three defendants involved in a home invasion that resulted in a death and injury.

Trevor Kotzma and Michael Rodgers pleaded guilty to manslaughter, while Alexander Nicholas Mahon-Fernandes pleaded guilty to robbery.

The court considered the severe aggravating factors, including the planned nature of the home invasion, the violence inflicted, and the profound impact on victims.

Mitigating factors, such as guilty pleas, expressions of remorse, and difficult pre-sentence custody conditions, were also weighed.

For Mahon-Fernandes, his lack of prior criminal record and significant rehabilitative efforts while on bail were particularly noted.

The court accepted joint sentencing submissions for Kotzma and Rodgers, and imposed a penitentiary sentence for Mahon-Fernandes, slightly less than the Crown's request, emphasizing the need for denunciation and general deterrence despite his first-offender status.

Lawrence Caines was found not criminally responsible (NCRMD) for the first-degree murder of his brother due to a mental disorder (bipolar 1 disorder with mania and psychosis).

The Crown applied to designate Caines as a "high-risk accused" (HRA) under s. 672.64 of the Criminal Code, arguing there was a substantial likelihood of future violence or that the offence's brutal nature indicated such a risk.

The defence opposed, citing insufficient evidence of repetitive violent behaviour and lack of expert opinion on future dangerousness.

The court dismissed the HRA application, finding the Crown had not met the burden of proof on a balance of probabilities, noting the accused's current amenability to treatment and improved insight.

The matter was referred to the Ontario Review Board for disposition.

Thomas Patrick Sliwinski pleaded guilty to manslaughter, unauthorized possession of a loaded restricted firearm, and pointing a firearm.

The charges stemmed from a campaign of intimidation and violence against a civil litigation lawyer, Lisa Carr, including an attempted shooting, and involvement in the fatal shooting of Soheil Rafipour.

The court accepted a joint submission for a global sentence of 12 years imprisonment, emphasizing denunciation, deterrence, and protection of society given the planned nature of the crimes, their impact on victims, and the attack on the administration of justice.

The defendant, Zakariye Yousuf, pleaded guilty to extortion with a restricted firearm and intentional discharge of a restricted firearm at a law office.

These offences were directed by Yousuf to intimidate a civil litigation lawyer, Lisa Carr, and her associate, Alycia Rose, due to Carr's legal work against tow truck companies.

The court considered aggravating factors, including the targeted nature of the crimes, the use of firearms, and the impact on the justice system, alongside mitigating factors such as Yousuf's guilty plea, difficult background, and rehabilitative potential.

The judge imposed consecutive sentences of five years for each count, with credit for pre-sentence custody, resulting in a total remaining sentence of five years and three months.

Caleb Burgler pleaded guilty to criminal negligence causing death after robbing an 86-year-old woman, Marion Fenwick, causing her to fall and sustain a hip fracture, which led to her death from pneumonia.

The court considered aggravating factors including the victim's vulnerability, foreseeability of harm, the offender's flight, and the significant impact on the victim's family and community.

Mitigating factors included the guilty plea, remorse, first offender status, harsh pre-sentence custody conditions, and family support for rehabilitation.

The offender's long-standing opioid addiction was not considered a mitigating factor.

The court sentenced the offender to six years in jail, less pre-sentence custody, followed by three years of probation, emphasizing denunciation, deterrence, and public protection.

The applicant, Christopher Punzo, charged with possession of cocaine for trafficking, sought the return of $80,620 in seized cash under s. 462.34 of the Criminal Code to cover his legal expenses.

The court dismissed the application, finding that the applicant failed to satisfy the onus that he had no other assets or means available to meet his reasonable legal expenses.

The judge determined that the applicant had misrepresented his financial situation and possessed significant undisclosed funds and equity in a condominium, concluding that access to the seized funds was not "truly necessary."

Terry Croteau was sentenced after pleading guilty to fraud over $5000, making false representations in telemarketing contrary to the Competition Act, and using a forged document.

The offences stemmed from intertwined direct mail and telemarketing schemes that defrauded over 2,000 victims of approximately $1.3 million between 2012 and 2019.

The schemes involved misleading "Final Notices" and telemarketing calls designed to appear affiliated with legitimate directories like Yellow Pages, and the use of forged collection letters from "Credifax." Croteau had a prior US conviction for similar fraudulent activity.

The court accepted a joint submission for a 30-month jail sentence, emphasizing denunciation and deterrence due to the magnitude, duration, and recidivism of the offender.

Areeb-Ud-Din Zain pleaded guilty to multiple charges, including three counts of discharging a prohibited firearm with intent to endanger life, unauthorized possession of a non-restricted firearm, flight from police, and possession of cocaine.

The charges stemmed from an incident where Zain fired at three police officers after being stopped for running a red light.

Despite his efforts, no officers were injured.

The court considered aggravating factors, such as the deliberate shooting at police officers, the number of shots fired, the public location, and his criminal record, including prior flight from police.

Mitigating factors included his guilty plea (though not early), his relative youth, and harsh pre-sentence custody conditions.

The court accepted a joint submission for a total sentence of eight and a half years, less pre-sentence custody, emphasizing denunciation, deterrence, and public protection.

Three defendants, Levi Alexander, Vejay Alexander, and Lamar Cyrus, pleaded guilty to manslaughter after a planned robbery of a modified starter's pistol resulted in the unintentional shooting death of Alex Perlmutter.

Lamar Cyrus also pleaded guilty to unauthorized possession of a prohibited firearm.

The court accepted joint sentencing recommendations, emphasizing the egregious nature of the offence, the defendants' disregard for court orders (firearms prohibitions, probation conditions), and their serious criminal records.

Mitigating factors included the guilty pleas (though late) and the harshness of pre-sentencing custody during the COVID-19 pandemic.

The victim's family provided impact statements detailing their profound loss.

Clifford Campsall pleaded guilty to the manslaughter of his girlfriend, Shelby Goldhar, whom he strangled and partially dismembered.

The court considered aggravating factors including the domestic nature of the homicide, the victim's vulnerabilities, the offender's prior assault conviction against the victim, and the indignity to the body.

Mitigating factors included the guilty plea, youthfulness, intellectual disability, and family support.

The court sentenced the offender to 9 years imprisonment, with credit for pre-sentence custody, including additional credit for difficult conditions of incarceration (lockdowns, triple bunking, and COVID-19 pandemic stress).