Michelle K. Fuerst

The offender pleaded guilty to manslaughter after stabbing the victim during a planned home invasion robbery motivated by a desire to steal drugs.

The offender, who had a lengthy criminal record and was bound by probation and weapons prohibition orders, acted as a lookout but entered the home armed with a knife to assist his co-perpetrator.

The court weighed significant aggravating factors, including the home invasion context and the offender's record, against mitigating factors such as his guilty plea, harsh pre-sentence custody conditions, and family support.

The offender was sentenced to 8 years and 6 months in the penitentiary, less credit for pre-sentence custody.

The offender pleaded guilty to being an accessory after the fact to murder.

She assisted her boyfriend in evading police after he stabbed the victim to death.

The court accepted a joint submission for a sentence of 2 years less a day, credited with pre-trial custody, resulting in an 18.5-month conditional sentence followed by 3 years of probation.

The court noted the offender's youth, lack of prior record, and rehabilitative progress as mitigating factors.

The offender pleaded guilty to robbery following a planned home invasion.

He and a co-accused broke into a residence to steal drugs.

The offender brought a BB gun and was the main organizer.

During the robbery, the co-accused fatally stabbed an occupant.

The offender was not present for the stabbing, having fled after being bear-sprayed.

The court weighed the significant aggravating factors, including the offender's lengthy criminal record and the fact that the robbery resulted in a death, against mitigating factors such as his guilty plea, harsh pre-sentence custody conditions, and the principle of restraint for a first penitentiary sentence.

The offender was sentenced to 6 years and 9 months in prison, less 30 months of pre-sentence custody credit.

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 offender, a youthful first offender, pleaded guilty to multiple counts of robbery, using an imitation firearm, and failing to comply with bail conditions arising from a series of planned carjackings of luxury vehicles.

The court weighed the significant aggravating factors, including the use of gratuitous violence, planning, and committing offences while on bail, against mitigating factors such as the offender's youth, guilty pleas, difficult upbringing, and harsh pre-sentence custody conditions.

The court imposed a global sentence of 7.5 years in custody, reduced to 4 years after applying credit for pre-sentence custody.

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."