Court Information
Date: November 12, 2019
Court File No.: 2811-998-19-22354-00
Ontario Court of Justice
Her Majesty the Queen v. Hemant Sharma
Reasons for Sentence
Before the Honourable Justice G. Wakefield
On November 12, 2019, at Oshawa, Ontario
Appearances
K. Alderton – Counsel for the Crown
B. Scott – Counsel for Hemant Sharma
Tuesday, November 12, 2019
THE COURT: Mr. Sharma, please stand up, sir. Anything you want to say before I pass sentence? I'm obliged to ask you, you don't have to, but this is your opportunity.
HEMANT SHARMA: No, thanks.
Reasons for Sentence
WAKEFIELD, J. (Orally):
What I have not been told is whether the children were home or not during the confrontation. If they were, I find that even more upsetting for them to be exposed to both the nature of the argument and the physical aggression that was involved.
Also, you have accepted that as part of the dispute, you withheld the ability for Miss Sharma to use the family car to go to work. That's an element of controlling behaviour that really worries me. So I am not as confident as Mr. Scott that you get it. I hope you do.
It's clear that your wife wants you back. It's clear your children want you back. It's clear that you are - I assume, your father is living with the rest of the family from the victim impact statement, he wants you back in the family fold. It is essential that you take full advantage of the PARS program, and not let yourself be overwhelmed by your emotions or sense of entitlement and find more civilized ways of dealing with these sorts of pressures and you got a lot of pressures in your life right now.
The other aspect, I think, is to inquire whether the medical condition has created any change in personality or emotions, and I just ask you to fully follow up with the doctors on that as well.
It's a joint submission?
MR. SCOTT: It is.
THE COURT: I'm required by the courts – the appellant courts to give that extra weight. You have come forward at a very early opportunity to take responsibility.
Sentencing Order
There is a conditional discharge granted with 18 months probation. The terms of probation are as follows:
General Probation Terms
You keep the peace and be of good behaviour;
Appear before the court when required to do so;
Notify the court or probation officer in advance of any change in your address;
Promptly notify the court or probation officer of any change in employment or occupation;
Report, in person, to a probation officer immediately, and after that, at all times and places as directed by the probation officer or any person authorized by a probation officer to assist in your supervision.
No Contact Order
You will not contact or communicate in any way, directly or indirectly, by any physical, electronic, or other means, with Manisha Sharma, except:
- Pursuant to a Family Court order made after today's date; or
- For the purposes of conducting and defending Family Court proceedings, in the presence of or through legal counsel; or
- With the prior written consent of the above-named person filed in advance by that person with the probation intake or assigned probation officer (this may be cancelled by the person in any manner at any time).
This exception can only be put into effect after the defendant has completed four sessions of PARS.
Distance Restriction
You are not to be within 100 meters of any place you know the person named above to live, work, go to school, frequent, or any place you know the person to be, except for required court appearances (which will have the same exceptions as noted above).
Weapons Prohibition
As a term of probation, do not possess any weapons as defined by the Criminal Code. This includes, but is not limited to: a BB-gun, pellet gun, firearm, imitation firearm, crossbow, prohibited or restricted weapon, ammunition, explosive substance, or anything designed to be used or intended to be used to cause death or injury, or to threaten or to intimidate any person.
Counselling and Rehabilitation
You will attend and actively participate in all assessment, counselling, or rehabilitative programs directed by the probation officer and complete them to the satisfaction of the probation officer, including but not limited to:
- Domestic violence counselling, which may include the Partner Assault Response (PARS) program, to commence as soon as possible;
- Psychiatric and psychological counselling;
- Any other counselling to assist in rehabilitation.
You will 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.
Additional Orders
DNA Order
There will be an order that you provide a sample of your DNA. Despite the fact of no prior criminal record, given the circumstances of this offence and the minimal physical impact on your personal integrity, I am satisfied it is in the best interest in the administration of justice to make the order. You will provide a sample of your DNA today, which will occur before noon today.
Section 110 Prohibition
Pursuant to section 110 of the Criminal Code, you are now prohibited from possessing any firearm, crossbow, prohibited weapon or restricted weapon, prohibitive device, ammunition, prohibited ammunition, explosive substance, for a period beginning today and ending three years from the date of discharge.
Court's Remarks on Compliance
Do you understand all those orders?
HEMANT SHARMA: Yes.
THE COURT: And you understand that the breach of the section 110 is also a Criminal Code offence and that I am trusting you to cooperate with the officers in the taking of your DNA sample.
Any breach of this order is a new criminal charge, which if convicted puts you at risk of losing the condition of this charge and gaining another criminal conviction and the risk of jail. So don't let yourself react to anything that would be a breach of this probation order.
Victim Surcharge
This post-dates the June victim impact surcharge submissions.
MR. SCOTT: This has been a very stressful period. I understand his daughter, who is attending Queens, her name is Yukta, she's 18. There has been an extreme drain on family finances, plus the costs incurred with Mr. Sharma having to reside with a friend in Scarborough to obey the bail order, which has been scrupulously adhered to by this gentleman ever since July 22nd. I would ask that the victim surcharge, in these circumstances, be waived.
MR. ALDERTON: The Crown has no submissions on the VFS.
THE COURT: I am not quite sure why it is I have not yet imposed it for very similar submissions on other matters so far since the inception. Here, I think it's only a hundred dollars, but it's a hundred dollars that, frankly, I would perceive would penalize the daughter at university more than benefit the coffers of the province. For those reasons, I am, again, waiving victim impact surcharge, but I do not want to get a reputation of never imposing it either.
Final Instructions
So the pair of you cannot associate right now until Miss Sharma has attended to the probation office to file the necessary documents and you might want to give a heads up to the probation officer 'cause sometimes they won't do it here. They require the victim to attend to the probation office.
MR. SCOTT: Actually, Your Honour, about a week ago I made that very call and was told that they are ready, willing, and able to do that.
THE COURT: All right, sir.
Patience is now the operative word. So don't sit together until everything is signed up. Just wait outside the double doors until the paperwork is ready. You will be directed where to give your DNA sample and then you go to the fourth floor to have your initial meeting with the probation officer.
Do you understand all that, sir?
HEMANT SHARMA: Yes.
THE COURT: Good luck to you both. I don't want to see you back here again.
CLERK REGISTRAR: And, Your Honour, just to confirm, that was a conditional discharge?
THE COURT: It was.
Whereupon the matter is concluded.