ONTARIO COURT OF JUSTICE
NEWMARKET
BETWEEN:
HIS MAJESTY THE KING
— AND —
SHUNTWON CLARKE
SENTENCING
Evidence and Submissions: February 27, 2025
Delivered: February 27, 2025.
Ms. Roxana Jahani-Geran counsel for the Crown
Mr. Stefan Rinas counsel for the defendant
KENKEL J.:
Introduction
1Mr. Clarke pleaded guilty to five offences on four Informations:
9180 – Assault 266 on M.C.
7426 – Utter Death Threat 264.1 M.C.
3736 – Assault With a Weapon s 267(a)
5468 – [Indictment] Material Benefit Sexual Services 286.2(1), Assault 266
2The complainant worked in the sex trade prior to meeting Mr. Clarke. They became involved in a romantic relationship, and she let him live in her condo apartment for free. Unfortunately, the short relationship was one of violence and exploitation.
3The first assault was on January 29, 2024, at a hotel where Mr. Clarke chased the complainant from a room, grabbed her by the hair and pushed her into a glass wall. He threatened to kill her grandfather.
4Less than a month later on February 24, 2024, he threatened to kill the complainant because $2000 that she had made was stolen from her.
5On April 20, 2024, there was an argument in which Mr. Clarke slapped the complainant across the face. He threw a glass jar with a candle in it at her and then threw chairs at her. She avoided being hit. A warrant was issued for his arrest.
6That warrant was executed after police responded to yet another violent incident on June 9, 2024. Mr. Clarke insulted the complainant because she had not taken any “clients” for a month due to her mental health. He pushed her into a wall and slapped her face. He walked away then returned and slapped her face again. He threw her cellphone across the room causing the screen to shatter. He smashed multiple items of hers in the bathroom. He threatened to burn the items. She left the condo, and he sent her text messages threatening to throw her cat off the balcony if she didn’t return within minutes. Mr. Clarke had taken $3000 that she made that evening. When Mr. Clarke was arrested, her money was found on his person.
7Mr. Clarke has an extensive adult criminal record dating back to 2013. The record includes several convictions for violent offences – Assault 2013, Assault Causing Bodily Harm 2015, Robbery 2020, Assault 2021.
Aggravating Factors
9Several factors aggravate sentence:
The offences were committed against a person who was vulnerable due to mental health circumstances.
The offences of violence were related to the exploitation of the complainant.
The offences involved intimate partner violence.
The fact of repeated offences within a short period.
The impact of the offences on the victim as described in the Pre-Sentence Report (PSR – Ex.2).
Mr. Clarke’s past record for violent offences (Ex.3) including prior domestic violence in relation to other victims.
Mr. Clarke was on probation at the time of the offences.
Mitigating Factors
10There are four important mitigating factors:
Mr. Clarke’s guilty plea prior to any trial date being set and his statements of remorse in the PSR, in his apology letter and at the time of sentence.
His pre-trial custody of 264 days (13 months 1 day).
The circumstances of his incarceration at Central East Correctional Centre (Ex.4).
The very difficult circumstances of his childhood as set out in the PSR.
Analysis
11The Crown’s position was 16 months on a joint submission but is now 24 months on open submissions. In my view that initial position was a generous one, at the lower end of the range for this offender and these offences. I agree with the Crown that a significant custodial sentence must result, and that Mr. Clarke is not at time served.
12I agree with the defence that the conditions of incarceration at the Central East Correctional Centre are relevant to sentence. The courts in Newmarket are well aware of the regular triple bunking of inmates and lockdown periods due to staffing and facility issues. The Central East record specific to Mr. Clarke marked as Exhibit 4 confirms that he too experienced those conditions.
13Not every goal of sentencing is met by a jail sentence. All of the evidence shows that whenever Mr. Clarke is released there’s a high risk he will re-offend.
14Prior attempts to mitigate that risk through probation conditions have failed. While incarcerated in 2023 for other offences, Mr. Clarke completed several courses in healthy relationships, managing stress, problem solving. None of that prevented these offences which started months after his release.
15It’s not time yet to give up on Mr. Clarke. He mentioned in the PSR how his father changed in later years and is a positive role model. Mr. Clarke is himself the father of a 12-year-old daughter. He thinks of their relationship as close, but over those 12 years he’s spent most of that time in jail. He does have that special reason to make genuine changes in his life, but so far that hasn’t been important enough to cause him to try. He hasn’t worked with probation officers and others trying to help him build a more stable life. He said in his apology letter that at 30 he’s ready for a fresh start. I hope he means that.
16The pre-sentence report identified several areas of counselling that would help Mr. Clarke start down a different path. Mr. Clarke will be ordered to engage in that counselling and work with the probation officer to create a stable life that doesn’t involve the exploitation of others. There will also be terms to protect the victim in this case and protect the community.
17Mr. Clarke has served 264 days in pre-trial custody. Statutory credit (264 x 1.5 = 396) results in pre-trial custody considered as 396 days or 13 months and 1 day on each count.
18I agree with both counsel that in determining a fit sentence, the difficult circumstances of incarceration over the past 13 months are an important mitigating factor.
Sentence
19Mr. Clarke will serve 3 months further on each count concurrent for a further global sentence of 3 months.
20That sentence will be followed by a period of probation for three years on the following conditions:
Keep the peace and be of good behaviour.
Report by phone to probation within 48 hours of your release and thereafter as directed by the probation officer.
Reside at an address approved of by your probation officer
Attend and participate in any assessments, counselling or rehabilitative programs as directed by probation and sign any releases required for them to monitor your compliance with this condition.
Do not possess or carry any weapons as defined by the Criminal Code.
Have no contact directly or indirectly including via social media with (the complainant).
Do not attend within 100 metres of any known place of residence or employment of (the complainant).
21The Crown proceeded by Indictment on the s 286.2(1) Material Benefits count. That is an indictable offence for which a person may be incarcerated for 10 years. Violence was used in the commission of that offence and that violence was directed at Mr. Clarke’s intimate partner. The mandatory firearms and other weapons prohibition in s 109 applies. He’s been the subject of at least 4 prior s 109 orders. I find it necessary to prohibit Mr. Clarke from possessing any firearms or other weapons set out in s 109 for life.
22Assault with a Weapon s 267 is a primary compulsory designated offence for the purpose of DNA registration. The s 286.2(1) count is a primary presumptive offence. Assault s 266 is a secondary offence regardless of the election as is the s 264.1 Uttering Threats count. A DNA order is plainly required on all of these counts.
Delivered: February 27, 2025.
Justice Joseph F. Kenkel