WARNING
The court hearing this matter directs that the following notice be attached to the file:
A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4(2.1) of the Criminal Code. These subsections and subsection 486.6(1) of the Criminal Code, which is concerned with the consequence of failure to comply with an order made under subsection 486.4(2.1), read as follows:
486.4 (2.1) Victim under 18 — Other offences — Subject to subsection (2.2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way.
(2.2) Mandatory order on application — In proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice shall
(a) as soon as feasible, inform the victim of their right to make an application for the order; and
(b) on application of the victim or the prosecutor, make the order; and
(c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.
486.6 OFFENCE — (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
ONTARIO COURT OF JUSTICE
(Toronto Region)
BETWEEN:
HIS MAJESTY THE KING
— AND —
P.B.
Before Justice Joseph Callaghan
Guilty pleas entered on October 21, 2025
Submissions on sentence made on November 21, 2025
Reasons for Sentence released on January 12, 2026
B. DONOHUE Counsel for the Crown
G. ARISTOS Counsel for P.B.
J. Callaghan J.:
1On October 21, 2025, P.B. pleaded guilty to assaulting his intimate partner and the mother of his children, S.S., as well assaulting his 7-year-old daughter I.B., who attempted to intervene to help her mother. Mr. B. also pleaded guilty to breaching his probation by having contact with Ms. S. and being within 500m of her home.
2On November 21, 2025, I heard sentencing submissions during which Ms. Donohue filed the Crown’s Application Record as Exhibit 1, which included the following:
(1) Mr. B.’s criminal record
(2) The Pre-Sentence Report (PSR) dated November 10, 2025, and prepared by Maen Saleh.
(3) A copy of Mr. B.’s most recent probation order, which he breached.
(4) A copy of the transcript for seven of Mr. B.’s previous sentencing proceedings.
3Mr. Aristos also filed an email containing a character letter from Mr. B.’s cousin Sh. S. This is Exhibit 2.
FACTS AND CIRCUMSTANCES OF THE OFFENCES
4On April 15, 2024, Mr. B. pleaded guilty to a series of offences in relation to the same victim, Ms. S. After being released from custody on June 21, 2024, Mr. B. began a 3-year probation order, which included conditions to keep the peace and be of good behaviour and to stay 500 metres away from Ms. S.’s home and any location Mr. B. knew her to be.
5On August 25, 2024, just over 2 months after being released from custody, and while governed by this probation order, Mr. B. once again breached a court order and went to Ms. S.’s home. At that time, Mr. B. convinced Ms. S. to let him into her home to see their children. Once inside, Mr. B. proceeded to consume alcohol and became very intoxicated.
6After about 3 hours in Ms. S.’s home, Mr. B. became irate and began yelling and screaming at Ms. S. He approached her and punched her in the face multiple times, leaving her with a cut to her lower lip and swelling to her forehead.
7While he was striking Ms. S., their 7-year-old daughter I.B. tried to intervene to assist her mother. At this time, Mr. B. slapped I.B. on the face and then shoved her into a shoe rack. As a result, I.B. sustained bruising and swelling around her eyebrow.
8Ms. S. managed to get away from the accused and called 911. When police arrived, they arrested the accused, and due to his high level of intoxication by alcohol and heroine, they brought him to the hospital. Once medically cleared, Mr. B. was brought to the police station where he was held for a show cause hearing.
9Mr. B. has remained in custody since his arrest on August 25, 2024. As of January 12, 2026, Mr. B. has served 506 actual days in custody or the equivalent of 759 days on a 1.5:1 basis.
PREVIOUS OFFENCES AGAINST S.S.
10While I do not intend to re-sentence Mr. B. for his past offending, it is important to understand the nature of the previous offences to appreciate the context in which Ms. S. experienced the offences before me.
March 26, 2018
11On March 26, 2018, Justice Oleskiw accepted a joint submission, and sentenced Mr. B. to 90 days in jail plus a period of probation for assaulting Ms. S. on two separate occasions (January 2, 2018, and March 8, 2018).
(1) As a result of the January 2, 2018 assault, Ms. S. had injuries to her forehead, swelling and redness to her nose, bruising on her right arm, bruises on her right shoulder, marks on her neck and bruising on her lower right forearm. Ms. S.’s lips were also cut.
(2) And in March of 2018, while subject to a bail order that required no contact with Ms. S., Mr. B. was at Ms. S.’s home and spat in her face.
12When Mr. B. was sentenced by Justice Oleskiw, she warned Mr. B. that future similar behaviour will not be treated lightly by the courts. Mr. B. indicated that he understood.
April 23, 2020
13On April 23, 2020, Mr. B. was sentenced to 6 months in jail less pre-sentence custody plus 3 years of probation for assaulting Ms. S. on two separate occasions.
(1) On August 18, 2018, while breaching the probation order that had been imposed by Justice Oleskiw on March 26, 2018, Mr. B. assaulted Ms. S. by intentionally closing his truck door on her arm during an argument.
(2) On January 19, 2019, while once again breaching his probation, Mr. B. punched Ms. S. in the face with such force that her eye was swollen shut and cut. Their two young children were present in the home when this vicious assault took place.
June 27, 2022
14While on probation and bail, Mr. B. breached conditions of his probation, release order and undertaking by having contact with Ms. S. On June 27, 2022, he was sentenced for these offences and given a 90-day jail less pre-sentence custody plus 3 years of probation.
April 15, 2024
15On April 15, 2024, Mr. B. was sentenced by me to a 17-month jail sentence, less pre-sentence custody, plus 3 years of probation after pleading guilty to five offences against Ms. S.: break and enter into her home, assault with a weapon, uttering death threats, choking and forcible confinement.
16The facts of these offences were very troubling. After breaking into her home, and while holding a knife pointed above Ms. S.’s head, he threatened her by stating, “I will gladly go to jail for murder, and I will kill you and leave the children without parents.” Ms. S. was home alone with their children.
17Later, Mr. B. choked Ms. S. in the presence of their daughter who received a minor injury when she tried to stop him from hurting her mother. And even after the choking, Mr. B. threatened to burn the house down with everyone in it.
VICTIM IMPACT
18While Ms. S. has chosen not to submit a VIS, I have no difficulty concluding that being repeatedly punched in the face, in her own home, in the presence of her young daughter was a very frightening and traumatic experience that had a significant impact on Ms. S. Further, I find that this latest assault would have had an even greater impact on Ms. S. given Mr. B.’s lengthy and persistent history of violence against her.
19When the author of the PSR spoke with Ms. S., she noted how traumatic Mr. B.’s 2020 assault was on her. Ms. S. advised that she continues to be afraid for her life and her children’s safety.
20It is clear to me that watching I.B. get assaulted by Mr. B. would have been very disturbing and impactful for Ms. S.
21Further, even without a victim impact statement from I.B., I find that Mr. B.’s assaultive behaviour towards his daughter, which breached her trust in him, will leave significant and likely long-lasting impacts on I.B. In addition, having to observe her father assault and abuse her mother is a terrible and frightening experience to which no child should be subjected.
22Finally, our Court of Appeal has recognized that the harm caused by intimate partner violence impacts not only the immediate victims but has real impacts on the community at large. See R. v. Ibrahim, [2011 ONCA 611](https://www.minicounsel.ca/oca/2011/611) at para. [15](https://www.minicounsel.ca/oca/2011/611); R. v. Fraser, [2016 ONCA 745](https://www.minicounsel.ca/oca/2016/745) at para. [31]
POSITION OF THE PARTIES
23Ms. Donohue, on behalf of the Crown, is seeking a lengthy global jail sentence of 3.5 to 4 years, less pre-sentence custody. In addition, the Crown is asking that I make a weapons prohibition order and that I order Mr. B. to provide a sample of his DNA.
24Ms. Donohue submits that given the nature of the assaultive behaviour in this case, against an intimate partner and young child, in the context of a lengthy and persistent history of violence against Ms. S., a penitentiary sentence is required to meet the primary sentencing objectives of denunciation, deterrence and protection of the public.
25Mr. Aristos, on Mr. B.’s behalf submits that given Mr. B.’s guilty pleas, which spared Ms. S. and I.B. from having to come to court to testify, and given the insight Mr. B. has shown into his offending behaviour, the initial rehabilitative steps he has taken while in custody, and the conditions in which he has served his pre-sentence custody, a sentence of approximately 23 months (or 30 more days as of November 21, 2025) would be appropriate.
26Mr. Aristos did not object to the ancillary orders sought by the crown.
BACKGROUND OF P.B.
27Mr. B., despite having accrued a lengthy criminal record, remains a relatively young man. As of today’s date, Mr. B. is 36 years old.
28Mr. B. had a very challenging childhood. He was removed from his family at a young age and then bounced around from group home to group home and transferred from school to school. And not long after returning to the family home at the age of 16, Mr. B.’s mother passed away.
29Following the death of his mother when he was 18 years old, Mr. B. advised that he began to drink alcohol heavily everyday. Mr. B. has struggled with this addiction for half his life. Mr. B.’s offending history shows that he becomes a greater threat to Ms. S. and his children when he consumes alcohol. As Ms. S. advised the author of the PSR, Mr. B. has always been a heavy drinker. “It’s scary watching him drink so much. He is very easily angered when drinking. It goes hand in hand.”
30When sober, Mr. B. has worked in the construction industry, including starting his own renovation company. As Mr. B.’s brother noted, “When he is not drinking, he puts his nose to the stone” and is a hard worker.
31Since he has been in custody, I understand that Mr. B. has remained sober. Indeed, Mr. B. explained that this is his longest period of sobriety since he was a teenager.
32It is clear to me that Mr. B. has benefited from his time in custody, by reflecting on the harm he has caused, on what he needs to do to rehabilitate himself and by taking some initial steps, including attending AA meetings in the custodial setting.
33Mr. B.’s cousin Sh. S. noted that through her regular visits and phone calls, she has seen a significant change in her cousin’s outlook and behaviour. Ms. Snider noted Mr. B. to be reflective, determined and deeply committed to bettering himself.
34During his discussions with the author of the PSR and in his remarks to me during the sentencing hearing, Mr. B. has demonstrated some insight into his offending behaviour and some commitment to pro-social goals upon his release from custody. That being said, Mr. B. has a long way to go to show that he can be trusted to follow through on his commitments. Given his lengthy history of breaching court orders and of re-offending violently, despite counselling and no contact terms of his probation, I remain concerned that without more intensive treatment, Mr. B. will continue to pose a threat to Ms. S. and others in the community upon his release from custody.
PRINCIPLES OF SENTENCING
35The fundamental purpose of any criminal sentence is to protect society, contribute to respect for the law and help maintain a just, peaceful, and safe society. [See s.718 of the Criminal Code]
36Sentencing judges attempt to achieve this goal by imposing just sanctions that address one or more of the sentencing objectives enumerated in s. 718(a) – (f) of the Criminal Code, including denunciation, general and specific deterrence, rehabilitation, separation of offenders from society where necessary, and promoting a sense of responsibility in offenders and an acknowledgment of the harm they have caused.
37The fundamental principle of sentencing is to impose a sanction that is proportionate to the gravity of the offences committed, and the degree of responsibility of the person who committed them. [See s. 718.1 of the Criminal Code] This means that, for the sentence I impose to be appropriate, it must be tailored to Mr. B.’s circumstances, and respond to the circumstances of the offences he committed.
Denunciation and deterrence
38Our Court of Appeal has long recognized that deterrence and denunciation are the paramount principles in sentencing offenders for intimate partner violence. See R. v. Boucher, [2004 17719 (ON CA)](https://www.minicounsel.ca/oca/2004/17719), [2004] O.J No 2689 at para [27](https://www.minicounsel.ca/oca/2004/17719), cited with approval more recently in R. v. Cunningham, [2023 ONCA 36](https://www.minicounsel.ca/oca/2023/36) at para [27]
39In R. v. T.R.M., 2017 ONSC 5618, at para. 41, Justice Pomerance recognized the seriousness of the social problem of intimate partner violence:
Parliament has also stressed the aggravating nature of partner violence, codifying it in s. 718.2 of the Criminal Code. In cases of this nature, courts must send a strong message that it is not acceptable to resort to violence in the domestic context. Partner violence is a serious social problem. It often takes place in the privacy of the home, without other witnesses. Often the victim is subject to physical and emotional abuse that leads to feelings of helplessness, hopelessness, and fear, such that it is difficult for the victim to leave the relationship. Family violence destroys the sense of security and safety that normally attaches to the home, it can have debilitating impact.
40Custodial sentences are commonly given out to underline the message of intolerance for such behaviour. Indeed, significant penitentiary sentences have been found to be appropriate where serious, repeated, and persistent violence has been perpetrated against an intimate partner. [See R. v. Barilko, 2014 ONSC 1145 at par. 27 (Hill, J); R. v. Martin, 2009 ONCA 62; R. v. Fraser, 2016 ONCA 745; and R. v. Young, [2003] O.J. No. 5124 (ONCA)]
41Further, denunciation and deterrence are also the primary sentencing objectives applicable to offences involving the abuse of children. See s. 718.01 of the [Criminal Code](https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html) and R. v. MAC, [2023 ABCA 234](https://www.canlii.org/en/ab/abca/doc/2023/2023abca234/2023abca234.html) at para. [14] In relation to non-sexual offences against children, the Alberta Court of Appeal noted in MAC, at para. 49:
While Parliament has not increased the sentences for common assault and assault with a weapon or by choking, we continue to develop a greater understanding of the harm caused to children, families and society by offences committed against children. Even in non-sexual assault cases, acknowledging this harm reminds sentencing judges to appropriately assess the gravity of any offence against children when determining a proportionate sentence: see R v Al Aazawi, 2022 ABCA 361 at para 92, leave to appeal to SCC requested, and R v Sinclair, 2022 MBCA 65.
Rehabilitation
42Prioritizing denunciation and deterrence does not mean that rehabilitation can be ignored, nor does it mean that proportionality in sentencing is no longer an applicable principle. Sentencing is a highly individualized process and particular circumstances relating to blameworthiness, prospects for rehabilitation and the like must always be considered.
Principle of Restraint
43Sections 718.2(d) and (e) of the Criminal Code require me to consider the principle of restraint when sentencing Mr. B. [See also R. v. Francis, 2022 ONCA 729 at par. 80; R. v. Disher, 2020 ONCA 710 at par. 59; R. v. Desir, 2021 ONCA 486.]
Aggravating Factors
44Mr. B.’s lengthy, persistent and related criminal record for violence is highly aggravating. In particular, Mr. B.’s history of violence and of breaching court orders in relation to Ms. S. is very aggravating. Despite being warned repeatedly by multiple judges of the consequences of continuing his criminal conduct, Mr. B. has persisted with his abusive and violent conduct, having no regard for court orders.
45Indeed, it is aggravating that just over 2 months after being released from custody and after just starting the 3-year probation order I imposed, Mr. B. flagrantly breached my court order and went back to Ms. S.’s home and assaulted her. To be clear, it is the rapidity of re-offending upon release that is aggravating, not the breach itself, as I am sentencing him separately (albeit concurrently) for the breach.
46It is aggravating that Mr. B., in assaulting Ms. S. and I.B., violated their trust. The courts must be clear and unequivocal in their denunciation and condemnation of intimate partner violence and child abuse. Indeed, the fact that Mr. B.’s assaultive behaviour occurred in the context of an intimate partner relationship is a statutorily aggravating factor. [See s. 718.2(a)(ii) of the Criminal Code]
47Further, it is statutorily aggravating that Mr. B. assaulted his own daughter, who was just 7 years old when he shoved and slapped her while she attempted to help her mother. [See s. 718.2(a)(ii.1) of the Criminal Code]
48The fact that Mr. B. has continued to assault his intimate partner in the presence of their children is highly aggravating. Indeed, the offences before me are the second time one of Mr. B.’s children has been injured when they attempted to stop his attack on their mother.
49The fact that Mr. B. assaulted Ms. S. and I.B. in their home, a place of refuge and comfort, where they should have been safe and secure, is aggravating.
50The serious impacts on Ms. S. and I.B., including physical, psychological and emotional impacts are aggravating.
Mitigating Factors
51Mr. B. has entered early guilty pleas. His guilty pleas have obviated the need for Ms. S. and I.B. to come to court and testify. This is particularly significant in cases involving intimate partner violence and child abuse.
52Through his guilty pleas and his words to me and the author of the PSR, Mr. B. has demonstrated his remorse as well as some insight into his offending behaviour.
53I consider Mr. B.’s challenging formative years and life circumstances that clearly contributed to Mr. B.’s addiction and issues with anger management.
54I take into account that Mr. B. has taken some initial rehabilitative steps while in custody.
55I also consider that Mr. B. has family support in the community as well as some job prospects when he returns to the community.
56I consider that Mr. B. has the capacity to be a good person. As his brother told the author of the PSR, “when [my brother] is not drinking, he is a wonderful human being…he needs to focus on work to stay out of trouble.”
57I take into account that Mr. B. has served his pre-sentence custody in less-than-ideal circumstances at the Toronto South Detention Centre (TSDC). Indeed, the overcrowding and understaffing has led to multiple lockdowns with real impacts on Mr. B., including negative health impacts, while serving his pre-sentence custody.
APPROPRIATE SENTENCE
58In my view, given the aggravating factors in this case, including Mr. B.’s history of violence towards Ms. S. and his continued refusal to follow court orders, I find that a penitentiary sentence approaching 4 years is appropriate. However, given all the mitigating factors, including his guilty pleas and the initial rehabilitative steps Mr. B. has taken, and factoring in totality, I find that a jail sentence of 3.5 years (42 months or 1278 days) fairly reflects the principle of proportionality.
59This significant jail sentence is necessary to bring home to Mr. B. and to the community the seriousness of repeated acts of intimate partner violence and disregard for court orders. Indeed, Mr. B. must understand that he will be looking at longer and longer penitentiary sentences if he continues to re-offend against Ms. S. and others in the future.
60When I deduct the pre-sentence custody credited as 759 days, the remnant sentence left to serve is 519 days or 17 months. Given that this duration should be sufficient for admission into one of the provincial institutions that focus on treatment (St. Lawrence Valley Correctional and Treatment Centre or the Ontario Correctional Institute), I recommend that Mr. B. be allowed to serve his time at one of these institutions.
61I will also ask Madame Clerk to note on the warrant of committal “Medical attention: Diabetes – Mr. B. requires regular blood work, insulin injections and proper food and vitamins.”
62Further, to assist Mr. B. with his rehabilitation once he is released, and to provide additional protection for the victims and the community, I am imposing the maximum period of probation.
Sentence Imposed
63Mr. B., please stand. I am sentencing you to serve a further 519 days in custody.
64The sentence is broken down as follows:
(1) For the assault on Ms. S. (count 2), on top of the 506 actual days you have already served, which I will credit as 759 days, I am sentencing you to an additional 519 days in custody.
(2) For the assault on I.B. (count 1), I am sentencing you to 12 months jail, concurrent to count 2.
(3) For the FTC-Probation offence (count 8), I am sentencing you to 12 months jail, concurrent to count 2.
65The concurrent sentences reflect the principle of totality.
66While I am making a recommendation that you be allowed to serve your remaining jail sentence at one of the treatment-focused provincial institutions, your engagement with clinical staff at the TSDC will be important for the Ministry of the Solicitor General (MCSCS) to allow your transfer to one of the treatment-focused institutions.
67Following your jail sentence, I am placing you on probation for 3 years. This probation attaches to all three offences.
Probation Terms (3 years)
68The terms of the probation order are as follows:
(1) You must keep the peace and be of good behaviour.
(2) You must appear before the court when required to do so by the court.
(3) You must notify the court or the probation officer in advance of any change of name or address and promptly notify the court or the probation officer of any change in employment or occupation
(4) Reporting: You must report in person to a probation officer within 2 working days of your release from custody and thereafter, at all times and places as directed.
(5) No contact: You are not to contact or communicate in any way, either directly or indirectly, by any physical, electronic or other means, with S.S., except for indirect communication pursuant to a Family Court order dated after Jan. 12, 2026, to discuss child access or child custody issues.
(6) Not attend: You are not to be within 500 m of any place where you know S.S. to live, work, worship, go to school, frequent or any other place you know her to be.
(7) No contact: You are not to contact or communicate in any way, either directly or indirectly, by any physical, electronic or other means, with I.B. or any of your other children who are under the age of 18, except pursuant to a Family Court order dated after Jan. 12, 2026, or under the direct supervision of the Children’s Aid Society.
(8) No Weapons: You are not to possess any weapons as defined in the CC, which would include a firearm, imitation firearm, cross-bow, prohibited weapon or device, ammunition or explosive substance or anything designed to be used or intended for use to cause death or injury or to threaten or intimidate any person
(9) No Firearm registration: You are not to apply for any firearm licence or registration.
(10) Counselling: You must attend and actively participate in all assessments, counselling or rehabilitative programs as directed and complete them to the satisfaction of your probation officer, including but not limited to:
Anger management and intimate partner violence which may include the partner abuse response program (PAR)
Alcohol and substance abuse
(11) Sign Releases: You shall sign any release of information forms as will enable your probation officer to monitor your attendance and completion of any assessments, counselling or rehabilitative programs as directed.
(12) Education / Skills Training / Employment: You must make reasonable efforts
to participate in skills training or an education program or actively seek and
maintain employment and provide your probation officer with proof of your compliance with this condition.
ANCILLARY ORDERS
Weapons Prohibition
69With the Crown having proceeded by indictment, and pursuant to s. 109(a.1) of the CCC:
You are prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance for a period of life.
DNA Order
70Assault is a secondary designated offence pursuant to s. 487.04 of the Criminal Code and I am satisfied that it is in the best interests of the administration of justice make a DNA order. Therefore, Mr. B., I order that you provide samples of bodily substances required for the purpose of forensic DNA analysis to be used in accordance with the DNA Identification Act. You will provide this sample at the TSDC today.
No Contact order under s. 743.21 of the Criminal Code
71Mr. B., I am making an order pursuant to s. 743.21 of the Criminal Code prohibiting you while you are in custody, from having any contact or communication, direct or indirect, by any means, with S.S., except for indirect communication pursuant to a Family Court order dated after Jan. 12, 2026, to discuss child access or child custody issues.
72Further, I am making an order under this section prohibiting you while you are in custody, from having any contact or communication, direct or indirect, by any means with I.B. or any of your other children who are under the age of 18, except pursuant to a Family Court order dated after Jan. 12, 2026, or under the direct supervision of the Children’s Aid Society.
VSF
73Considering Mr. B.’s circumstances, I am waiving the victim fine surcharge.
74Mr. B., I really hope you keep your focus on your rehabilitation and continue the progress you have started and deepen the insight you have shown while sober and in custody. You are still a young man with a long life ahead of you, with people in the community who love and support you. Please understand; however, that you must have no contact with Ms. S. so she can live in peace and safety. Any breaches of the no-contact orders I have made will be dealt with severely. I wish you well.
Released: January 12, 2026
Signed: Justice Joseph Callaghan