CITATION: R. v. Mendez-Ventura, 2026 ONCJ 322
COURT FILE No.: Toronto 4815 998 23 48113069
ONTARIO COURT OF JUSTICE
BETWEEN:
HIS MAJESTY THE KING
— AND —
YORDI MENDEZ-VENTURA
Before Justice Peter Scrutton
Heard on December 16, 2025 and May 8, 2026
Reasons for Judgment released on June 5, 2026
C. Tsilingiris for the Crown
P. Mergler for the Defendant
1Mr. Mendez-Ventura pled guilty to assault and assault by choking. The offences took place against his common law partner on August 4, 2023. They lived together and came to Canada together from Mexico in 2022. Mr. Mendez-Ventura is a 22-year old first offender. He entered his pleas knowing that, if the suspended sentence sought by the prosecution was imposed, it could result in detrimental immigration consequences, as he came to Canada as a visitor, stayed, and has no status in this country. The main issue I must decide is whether a conditional discharge would be contrary to the public interest.
The Offences
2On the day of the offence, the defendant came home from work around 8:30 p.m. He was in a bad mood. The victim asked him about his mood, and, when he did not answer, asked a second time. Mr. Mendez-Ventura lost his temper and head-butted her in the face. A struggle ensued, during which he threw her on the bed and choked her with two hands. He choked her 3 separate times during the struggle. At one point, she almost lost consciousness. After, he punched her once in the face. Her injuries included redness under her right eye to the bridge of nose, scratches to the front, back, and both sides of her neck, and a split lower inside lip. Toronto Police Service officers attended and arrested the defendant.
3Mr. Mendez-Ventura entered his plea on the morning of trial. The victim had attended court and was expecting to testify. Sentencing was adjourned for a pre-sentence report (PSR) and some rehabilitative work to be completed.
The Offender
4Mr. Mendez-Ventura is a 22-year old first offender. He currently lives with his mother in Toronto; she has come here from Mexico and applied for refugee status. He completed high school in Mexico and is currently taking a part-time ESL course. He cannot work here due to his lack of status.
5The PSR indicates that, while polite and cooperative, Mr. Mendez Ventura did not express remorse for his actions and appeared to minimize both the offence and his involvement in it. The author concluded that he did not demonstrate a clear understanding of the seriousness of the situation. Some of the background information provided by the victim, and by a friend the defendant put in touch with the author, do not portray him in a positive light. Counsel indicated that Mr. Mendez-Ventura did not accept his friend’s characterization of him and explained that they are in some form of dispute. I will not rely on his friend’s description of him, or treat as aggravating the fact that the victim considered him to be possessive, jealous, verbally abusive, or manipulative. She did not file a Victim Impact statement but did participate in the PSR.
6Since being charged, the defendant has completed a 7-hour anger management program. He has also completed more extensive counselling for anxiety. I accept that the defendant’s lack of financial resources limited the remedial options that were available to him in terms of up front work, but even recognizing that, I