Ontario Court of Justice

Date: 2017-09-07

Court File No.: Newmarket 17-02439

Between:

Her Majesty the Queen

— and —

Chineye Onwubolu

Sentencing

Submissions heard and sentence delivered June 13, 2017.

Counsel:

• Mr. R. DeChellis, counsel for the Crown
• Ms. C. Onwubolu, appearing on her own behalf

KENKEL J.:

[1] Ms. Onwubolu became interested in a young man who played guitar in the worship band at her church. She sent him text messages but he didn't respond. She then tried several times to get his attention including once jumping into his car after church and refusing to leave. He patiently explained to her many times that he wasn't interested in any relationship with her. He sought the intervention of church pastors and officials in an effort to help Ms. Onwubolu understand she must leave him alone but after brief periods she would resume the behaviour. Eventually she was served with a trespass notice and counselled by police several times not to attend the church. She continued to harass the complainant and was charged. She was convicted at trial of Criminal Harassment contrary to s. 264(3).

[2] The pre-sentence report shows that Ms. Onwubolu lives with her parents and works in a call centre. The complainant expressed concern that she suffers from a mental health issue. Constable Mohammed provided several examples of interactions with Ms. Onwubolu where she appeared to have, "mental health challenges".

[3] Ms. Onwubolu does not agree that she has any difficulties with her mental health. Her father told the probation officer that he has no concerns in that regard. I note that none of the family members she lives with have attended the trial or sentencing proceedings.

[4] The mental health concerns expressed by the complainant and the officer are amply supported by the circumstances of the offence and the accused's behaviour including:

• Getting into the back seat of the complainant's car when he was leaving church and refusing to leave
• Another time attempting to prevent the accused's car door from closing and prevent him from leaving
• Asking the complainant why he didn't hug her and asking to sit on his lap
• Blocking his vehicle a third time from leaving
• Statements to the complainant that God had told her directly that the complainant was meant to be her husband
• Persistent unwanted contact despite continuous refusal from the complainant and the intervention of church pastors and officials
• Odd behaviour in church services including attempts to come onto the front stage area holding her purse or a bible to cover her face
• Odd behaviour outside the church including wandering the property holding a bible and touching cars, the church walls and trees
• Return to the church despite being issued a trespass notice and direct warnings by the police
• Refusal to comply with specific direction from the police

[5] Church officials called her father and advised him of her behaviour. They asked for his help but his intervention did not stop or affect her conduct. I can give no weight to his statement to probation that his daughter does not suffer from any mental health difficulties given all the evidence to the contrary. I do accept his statement to probation that his daughter has no issues with drugs or alcohol as consistent with the other evidence. There is no alternate explanation for the accused's actions and behaviour.

[6] Ms. Onwubolu testified at trial but her evidence did not explain or even acknowledge her harassing behaviour. She stated that she was the one being harassed by the church but no credible evidence or circumstance supported that assertion. She's an intelligent woman and fit to stand trial, but in my view the circumstances of the offence and her presentation in court plainly indicate that there is an underlying mental health issue that reduces the moral culpability of the offender and is relevant to the imposition of sentence and the terms of sentence.

[7] The Crown submits that a conditional discharge should be imposed with two years' probation, a s. 109 order for 10 years and a DNA order. The accused addressed sentence but did not propose a sentence or comment on the Crown's submissions.

[8] I agree with the Crown that a discharge is appropriate given the mental health issues that gave rise to the offence. In my view the public interest is best served by a sentence that prevents Ms. Onwubolu from further contact with the complainant or that church and its members and directs her towards counselling to address the underlying issue to prevent further offences.

[9] I will grant Ms. Onwubolu a conditional discharge and place her on probation for two years on the following conditions in the following terms:

• Keep the peace and be of good behaviour
• Report to probation as required
• Do not contact or communicate in any way directly or indirectly by any physical or electronic means with the persons named by the Crown or any member of the New Life Christian Church
• Do not attend within 100m of any place residence, employment or education or worship of those persons
• Do not attend at the New Life Christian Church 8111 Weston Road in Vaughan Ontario
• Not possess any weapons as defined by the Criminal Code
• Attend and actively participate in all assessment counselling or rehabilitative programs as directed by the probation officer and complete them to the satisfaction of the probation officer for mental health issues
• 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
• You shall provide proof of your attendance and completion of any assessments counselling or rehabilitative programs as directed

[10] Under s. 109 you will be prohibited from possessing any firearms or other items set out in that section for a period of 10 years.

[11] Considering your personal circumstances, the circumstances of the offence, the role that DNA can play in those investigations, the public interest in the investigation of offences involving domestic harassment and the minimal intrusion on your privacy given the protections in the DNA databank system, I find it necessary in the public interest to order that you provide a sample of her DNA for registration on the national databank.

[12] There is a victim fine surcharge as provided by statute and you have six months to pay.

Delivered: 7 September, 2017

Hon. Justice J.F. Kenkel