Court File and Parties

Ontario Court of Justice

Date: 2020-06-29

Court File Nos.: Toronto 20-75002552, etc.

Between:

Her Majesty the Queen Respondent

— And —

Adam Hossny Applicant

Before: Justice Patrice F. Band

Judgment regarding Application for Judicial Interim Release

Counsel:

• Mr. D. Spence — counsel for the Crown
• Mr. B. Arfai — counsel for Mr. Hossny

Decision

BAND J.:

I. INTRODUCTION

[1] On June 24, 2020, I heard Mr. Hossny's application for bail by teleconference with his consent. After hearing the testimony of three proposed sureties and the submissions of counsel, I granted Mr. Hossny's application and ordered that he be released on a strict house-arrest bail in which he is required to live with two of his sureties, to remain in their apartment (including the balcony) unless he is in the company of one of them and at all times to be subject to robust electronic monitoring. I made this order with reasons to follow. These are my reasons.

II. ALLEGATIONS

[2] Mr. Hossny faces a number of charges listed on numerous Informations. The Crown's Synopsis of the allegations drafted is attached to these reasons as Appendix "A".

[3] The majority of the charges allege that Mr. Hossny used fraudulent prescriptions to obtain opiates from pharmacies. In some instances, he was successful. This course of conduct occurred frequently between late 2018 and March 2020. There is no allegation that he is involved in the sale or traffic of illegal substances. To the contrary, the pattern of offending and the testimony of his sureties lead to the inescapable conclusion that Mr. Hossny was trying to support his addiction to pain-killers.

[4] Mr. Hossny is also facing domestic assault accusations in which he is alleged to have used significant violence and brandished a knife. Those allegations date back to March 2019.

[5] Most recently, Mr. Hossny is alleged to have used Kijiji to effect the robbery of a young man who had posted his cell phone for sale. It is alleged that Mr. Hossny brandished a knife in order to steal the phone. It is also alleged that Mr. Hossny took a picture of the complainant's driver's license before making off with the phone and later threatened him by text message, indicating that he knew where he lived.

[6] While it is difficult to say with certainty, it seems likely that this offence was also committed in order to support Mr. Hossny's drug dependency. This, of course, is not an excuse; however, it may put that offence in context. In any event, little turns on that characterization for current purposes.

[7] All of this conduct is said to have taken place while Mr. Hossny was on a surety bail stemming from an allegation of aggravated assault that took place in Kingston in January 2018. He is one of a number of young men accused of becoming involved in a fight with other young men near a nightclub. That fight ended when one of the young men from the other camp was stabbed. While Mr. Hossny and others have been committed to stand trial in that matter, the Crown fairly indicated that Mr. Hossny did not stab the victim and that it will be difficult for the trier of fact to ascertain who did what.

[8] Mr. Hossny's mother and sister, Amani and Jasmine Hossny, are his sureties on the Kingston matter.

[9] It is also alleged that Mr. Hossny breached his 10:00 p.m. curfew on two occasions: in November 2018 and March 2019. In the first, it is alleged that Mr. Hossny was trying to obtain opiates from a pharmacy in Oakville shortly before 10:00 p.m. If that is true, it would have been impossible for him to have returned home to Toronto before curfew. Neither surety could recall such an event. The strength of that case will turn on the reliability of the circumstantial evidence. The March 2019 allegation is not in doubt. The evidence of the proposed sureties makes it clear that Mr. Hossny did not come home one night and, in fact, was not home until the following evening shortly after curfew.

[10] Mr. Hossny was arrested for a number of the offences in May 2020. Later in May, he was released on a house-arrest bail requiring that he live with his mother and sister, who were approved as his sureties. He was later arrested regarding the robbery and other charges. While those charges pre-dated the May bail, the Crown sought his detention on all the charges arising in Toronto.

[11] The onus was on Mr. Hossny, by virtue of pre-existing releases. He does not have a criminal record.

III. THE ISSUE: THE SECONDARY GROUNDS

[12] Crown counsel fairly indicated that the concerns in this case rest solely on the secondary grounds. In such a case, bail is to be denied only where detention is necessary for the protection of the public. Moreover, the risk of reoffending must be substantial and one that endangers the protection or safety of the public: see ss. 515(10) of the Criminal Code and R. v. Morales, 1992 3 S.C.R. 711, at paras. 37-39.

IV. THE PLAN

[13] Mr. Hossny proposed to strengthen the May bail by adding his father as a surety, increasing the bail amount from $7,000 to $30,000 and requiring that he be subject to electronic monitoring. Mr. Hossny would be required to live with his mother and sister who, between themselves, proposed to provide almost constant supervision. Amani Hossny works five days per week in retail. Her schedule is known in advance and very flexible. Jasmine Hossny is a Registered Practical Nurse who works two days per week. She is studying from home to become a Registered Nurse. Her schedule is also known well in advance and is very flexible. Both are able to swap shifts with others if required. In the rare event that they are not able to, they will have time to enlist Mr. Hossny's father's help. Hanny Hossny is retired and lives in Hamilton. He has a car. He is willing to assist by providing guidance to his son, attending at his wife's apartment to supervise if required and to drive his son to therapy or court, as he has done in the past.

[14] During the hearing, it became clear that the proposed sureties care about Mr. Hossny's well-being and wish to support him in his recovery and his current problems with the criminal law. He respects them. While Mr. Hossny has paid lip-service to wanting addiction counseling in the past, he has shown more determination in recent times. The family all believe that it is crucial that he do so and will support and guide him. To that end, plans are already in place.

[15] Importantly, despite the parents' separation, they are on friendly terms and able to communicate easily. The three of them understand their role as sureties and its importance. I am satisfied that the amount of the bail is meaningful to each of them and that they will perform their roles responsibly.

[16] During the course of the hearing, it also became clear that conditions that Mr. Hossny take counseling for his addiction and that his use of electronic devices and the internet that he be subject to his sureties' supervision would be required. These formed part of the proposed plan as they were relevant to Mr. Hossny's risk of reoffending.

V. REASONS FOR RELEASE

[17] Crown counsel acknowledged that the sureties were well-intentioned and that the plan was strong. However, he pointed to the fact that electronic monitoring is a risk-management tool that does not prevent criminal offences or assure timely police intervention. A sufficiently motivated Mr. Hossny could commit further offences. I asked Crown counsel to explain what kind of offence that could put the safety of the public at risk Mr. Hossny was most likely to be able to commit in light of the strong plan. He pointed to an offence like the robbery, which could be arranged from the apartment using the internet and completed in the lobby. I, too, found that to be the most plausible risk to the public. However, I concluded that the plan prevents it from being substantially likely.

[18] One area of controversy arose during the hearing that must, in fairness, be addressed: why did neither Amani nor Jasmine Hossny call the police when Mr. Hossny did not come home that night in March 2019? Both explained what happened. Police attended the unit looking for Mr. Hossny in relation to domestic violence allegations. This was during the afternoon, and Jasmine Hossny was home alone. She later told her mother what had happened. When Mr. Hossny did not return home in time for curfew, both of them assumed that he had been arrested. When police returned the next day, they understood that Mr. Hossny had not been arrested. Amani Hossny told the officer that Mr. Hossny had not come home the previous night.

[19] I accept that both sureties believed that Mr. Hossny had been arrested the day before. That was a mistaken assumption they will not make again should a similar situation develop.

[20] As a result, I find that the plan is a strong one that sufficiently ensures the protection of the public. The sureties are responsible people who intend to provide constant eyes-on supervision. Should there be an unresolvable conflict in work schedules, Amani and Jasmine Hossny will have time to enlist Hanny Hossny's help.

[21] Electronic monitoring strengthens the plan. It can provide deterrence to Mr. Hossny by constantly reminding him that police will be notified of a breach and by ensuring that reliable, concrete evidence will be collected and preserved. It will also provide a constant reminder to his family of the importance of their responsibilities to the Court.

VI. A FINAL WORD TO THE HOSSNY FAMILY

[22] To the Hossny family, I will repeat what I said on the record at the end of a long and tiring day. I did not order that Mr. Hossny be subject to the direct and constant supervision of one of his sureties at all times even though Amani and Jasmine Hossny indicated their intention to provide that level of supervision. I did not do so because sureties should rarely, if ever, be expected to imprison themselves for an indefinite period in order to discharge their responsibilities. Also, I found that a serious offence that could put the safety of the public at risk is unlikely to occur under the conditions I have set. However, it appears that Mr. Hossny is in the grips of an untreated addiction to very powerful drugs. Those of us who work in the criminal courts and, I imagine, the Hossny family, know that for people in such a state, the pull of addiction is very strong. It can cause them to try to manipulate, cajole or threaten their loved ones in order to satisfy their dependency. In that scenario, some sort of breach is likely. Such a breach would most certainly endanger the $30,000 the sureties have pledged even if it does not endanger the safety of the public. In such a case, Mr. Hossny's chances for another release, if any, will be extremely slim. It is difficult to imagine that his mother and sister, however well-intentioned, would be approved as sureties again. Put simply, this is the best plan that this family can manage and afford.

[23] If only out of self-interest, the sureties would be wise to enforce the plan of constant supervision they offered, even if it goes beyond that which was ordered by the Court.

Released: June 29, 2020

Justice Patrice F. Band

APPENDIX "A" — SYNOPSIS

1. KINGSTON SCJ

Occurrence #: 18-23899

On Saturday June 30th 2018 at approximately 2:30 AM, the co-accused Abdishakur IBRAHIM, Sami HAMID, Abdul MOHAMMED, Altaf NAJAFI, and Adam HOSSNEY, were out front of "The Spot" night club located at Unit 300-394 Princess Street, Kingston Ontario.

All the co-accused began to argue with the victim Malick Downer and his brother Tyrell Downer and a group of their friends that included Bashar Al-Ani, Mike AKintoye-Bentola, Troi SUE.

At 2:55 AM, all the parties were separated by people and bar staff from "The Spot" the two groups congregated behind the Burger King. At one point the accused IBRAHIM picked up a rock and began threatening people with the rock. The accused IBRAHIM approached the victim Tyrell Downer and swung his hand with the rock in it striking Tyrell with the rock.

There was a large group of people and on lookers around at this point. This assault with the rock was captured on video by witness Derek Robertson-Harrison, and his friend Alan Killoran who knew the victims Tryell and Malick from high school.

All five accused parties were part of this altercation at this point, the accused Abdul Mohammed pulled out a knife at this point and was asked by "The Spot" security if it he was holding a knife, he said "its not for you". The altercation was broken up at this point.

The victims Tyrell and Malick began to get away from the area, and walked in front of Pizza Pizza they were caught up to by the five accused males, Tyrell ran way north bound on Division Street, he made it up near Smoke's Poutine near 183 Division Street, Kingston, Ontario. The five accused males caught up with Malick out front of Pizza Pizza and began punching and kicking Malick, at this point Malick was stabbed in the abdomen by one of the accused parties who was assaulting him, the victim Malick fell over and the five accused male parties ran eastbound on Princess Street towards the Metro Grocery store parking lot located at 310 Barrie Street. The accused Abdul Mohammed was identified by Michael McCreedy as the accused suspect holding the knife and stabbing the victim Malick.

A witness to the event Michael McCreedy witnessed the assault and stabbing. The Police arrived at the scene. Sgt Thompson arrived and assisted the victim Malick with his wound to the abdomen, Sgt Thompson put pressure on his wound. Michael McCreedy pointed out the suspect and a direction of travel to Sgt. Thompson and Cst. Morrissette. Cst. Morrissette attended the Metro parking lot along with Cst. Dunstan. They located a Nissan Altima CCYW6032 leaving the parking lot. This vehicle was owned by the accused Altaf NAJAFI

Cst. Dunstan and Cst. Morissette stopped this vehicle, it contained the five accused males. The witness McCreedy by this point ran down to the cruisers and said to Cst. Morrissette that those were the males involved in the assault. Other witnesses also came forward and advised Cst. Morrissette the same information. At 3:05 AM, Cst. Morrissette and Cst. Dunstan placed the five male accused under arrest for cause disturbance by fighting. This matter happened all in the span of several minutes and there was large numbers of people at the crime scene and in the area.

The victim Malick Downer was taken to KGH and being treated and taken the the Intensive care unit with life threatening injures.

The Kingston Police then secured stabbing scene. The Kingston Police seized and towed the accused NAJAFI's vehicle to the Kingston Police to secure storage.

The Kingston Police forensic identification unit attended the crime scene and processed the scene.

The Kingston Police Criminal Investigation Division was called into investigate the matter. The accused parties were all booked into custody.

Based on the statements and video, Detectives formed the grounds to arrest the accused parties with aggravated assault and weapons dangerous. At 0900 Detectives began arresting each of the accused parties for aggravated assault and weapons dangerous. The accused parties were provided the opportunity to speak with legal counsel.

All the accused parties denied stabbing the victim Malick Downer. The accused parties confirm that they were in the area and involved in altercations.

The accused Najafi said he was breaking up a fight and got into the front passenger seat. Said he wasn't even aware there was a stabbing.

The accused Ibrahim said that he was getting called racial slurs, at the Stop said he was with the other 4 co-accused. Said he had to defend himself people were coming at him trying to put in on the floor. He denied using a rock or stabbing a guy. He had no idea about the blood on his clothing.

The accused Adam Hossney said that they were all out of bar, no idea who the kid was, did not know that he was stabbed, police took his shirt, he said he was the driver of the car because he was sober. He admitted to being a fight, said he did not stab anyone nor see any one stab anybody. He said he was aware of a fight going on and that is why they ran to a car. Did not see any blood on anyone in the car. No one had a gun or a knife.

The accused Sami Hamid stated denied stabbing anyone, he indicated he was not carrying a knife and that he was seated in the back seat.

The accused Abdul Mohammed, denied having a knife, denied seeing anyone get stabbed. He admitted to being with the four other co-accused. He said there was another group challenging them to fight and admitted to fighting, never in front of the Pizza Pizza said they were waiting for a Pizza, said he had a knife for work, but left in the car. The accused denied stabbing anyone and didn't see any of his co-accused stab the male, said he was trying to get everyone to leave, said the situation was out of control like a royal rumble said he was hit three times by a big Somoli male. Abdul said he punched someone after he was punched.

The accused Adbul Mohammed was taken back to his cell, he requested to speak with the Police again. Detective Huffman spoke with him in his cell willing to tell who committed the stabbing if it was kept confidential and he could be released from jail, he was told there was no deal, asked to provide a further statement he said he couldn't he feared for his life. Detective Huffman said there would be no deals. The accused said he didn't see the stabbing said the knife was his and he left the knife in the car but someone else had the knife.

The five accused males were are held pending a bail hearing. The Police are requesting a the accused parties be held in custody, the Police have more witnesses to locate and determine the exact nature of the victims injures who is currently not able to speak and in the Intensive Care Unit at KGH.

2. HALTON

Fraud Under $5000

Between the time period of November 12th, 2018 and December 12th, 2018, the ACCUSED, Adam HOSSNY, was positively identified in two incidents as passing fraudulent prescriptions at the Shopper Drug Mart at 2525 Prince Michael Drive, in the Town of Oakville. The ACCUSED was successful in obtaining Oxycocet (90 pills) on November 12th, 2018, and attempted to obtain Oxycocet (90 pills) also on December 12th, 2018, both at the same Shoppers Drug Mart (as noted above). The value of the narcotics obtained and attempted to be obtained is under $5000.

The ACCUSED made arrangements with the investigating officer to attend the station to answer to the charge, however cancelled every time (on three occasions). Many messages were left after that to speak with the ACCUSED and no messages replied to after March 01st, 2019. Police attended the residence of the ACCUSED and he does not live there. All avenues have been exhausted to locate and arrest the ACCUSED and therefore a warrant is being requested for his arrest.

The ACCUSED is being charged with the offence of CC 380(1).

On the 27th of May 2020 Halton Regional Police received information that the ACCUSED was wanted on warrant and was currently being held at Toronto South Detention Centre, police attended and arrested the ACCUSED, where he was later released on a form 10 undertaking to attend Milton Court on the 22nd September 2020.

Uttering a Forged Document

On November 12th, 2018, the ACCUSED, Adam HOSSNY, entered into the Shoppers Drug Mart at 2525 Prince Michael Drive, in the Town of Oakville and tendered (what was believed to be) a fraudulent prescription in efforts to secure Oxycocet 5/325mg (90 pills). The ACCUSED was successful in obtaining the narcotics on this date, and further investigation revealed the prescription tendered was indeed fraudulent.

The ACCUSED made arrangements with the investigating officer to attend the station to answer to the charge, however cancelled every time (on three occasions). Many messages were left after that to speak with the ACCUSED and no messages replied to after March 01st, 2019. Police attended the residence of the ACCUSED and he does not live there. All avenues have been exhausted to locate and arrest the ACCUSED and therefore a warrant is being requested for his arrest.

The ACCUSED was charged with the offence of CC 368(1).

On the 27th of May 2020 Halton Regional Police received information that the ACCUSED was wanted on warrant and was currently being held at Toronto South Detention Centre, police attended and arrested the ACCUSED, where he was later released on a form 10 undertaking to attend Milton Court on the 22nd September 2020.

Uttering a Forged Document

On December 12th, 2018, the ACCUSED, Adam HOSSNY, entered into the Shoppers Drug Mart at 2525 Prince Michael Drive, in the Town of Oakville and tendered (what was believed to be) a fraudulent prescription in efforts to secure Oxycocet 5/325mg (90 pills). The ACCUSED was not successful in obtaining the narcotics on this date, and further investigation revealed the prescription tendered was indeed fraudulent.

The ACCUSED made arrangements with the investigating officer to attend the station to answer to the charge, however cancelled every time (on three occasions). Many messages were left after that to speak with the ACCUSED and no messages replied to after March 01st, 2019. Police attended the residence of the ACCUSED and he does not live there. All avenues have been exhausted to locate and arrest the ACCUSED and therefore a warrant is being requested for his arrest.

The ACCUSED was charged with the offence of CC 368(1).

On the 27th of May 2020 Halton Regional Police received information that the ACCUSED was wanted on warrant and was currently being held at Toronto South Detention Centre, police attended and arrested the ACCUSED, where he was later released on a form 10 undertaking to attend Milton Court on the 22nd September 2020.

Breach of Recognizance of Bail

On July 16th, 2018 the ACCUSED, Adam HOSSNY, entered into a Recognizance of Bail, in the Ontario Court of Justice, in the City of Kingston, before the presiding Justice of the Peace for the offence of Aggravated Assault.

As part of the terms of his release the ACCUSED was bound by the condition: Do not buy, possess or consume alcohol or other intoxicating substances.

On November 12th, 2018, the ACCUSED was identified to be at the Shoppers Drug Mart at 2525 Prince Michael Drive, in the Town of Oakville. The ACCUSED was successful in obtaining Oxycocet 5/325mg (90 pills) via fraudulent means and therefore was in breach of his Recognizance of Bail. This incident was reported to Police on December 12th, 2018.

The ACCUSED made arrangements with the investigating officer to attend the station to answer to the charge, however cancelled every time (on three occasions). Many messages were left after that to speak with the ACCUSED and no messages replied to after March 01st, 2019. Police attended the residence of the ACCUSED and he does not live there. All avenues have been exhausted to locate and arrest the ACCUSED and therefore a warrant is being requested for his arrest.

The ACCUSED was charged with the offence of CC 145(3).

On the 27th of May 2020 Halton Regional Police received information that the ACCUSED was wanted on warrant and was currently being held at Toronto South Detention Centre, police attended and arrested the ACCUSED, where he was later released on a form 10 undertaking to attend Milton Court on the 22nd September 2020.

Breach of Recognizance of Bail

On July 16th, 2018 the ACCUSED, Adam HOSSNY, entered into a Recognizance of Bail, in the Ontario Court of Justice, in the City of Kingston, before the presiding Justice of the Peace for the offence of Aggravated Assault.

As part of the terms of his release the ACCUSED was bound by the condition: Remain in your residence daily between the hours of 10:00pm and 06:00am (except for medical emergencies involving you or a member of your family or unless in the presence of your surety).

On December 12th, 2018, at 09:49pm, the ACCUSED was identified to be at the Shoppers Drug Mart at 2525 Prince Michael Drive, in the Town of Oakville. Since the ACCUSED is to be in his residence at 109-11 Shallmar Blvd, Toronto by 10:00pm and while being out at the Shoppers Drug Mart was not in the presence of his surety, the ACCUSED was in breach of his condition on his Recognizance of Bail.

The ACCUSED made arrangements with the investigating officer to attend the station to answer to the charge, however cancelled every time (on three occasions). Many messages were left after that to speak with the ACCUSED and no messages replied to after March 01st, 2019. Police attended the residence of the ACCUSED and he does not live there. All avenues have been exhausted to locate and arrest the ACCUSED and therefore a warrant is being requested for his arrest.

The ACCUSED was charged with the offence of CC 145(3).

On the 27th of May 2020 Halton Regional Police received information that the ACCUSED was wanted on warrant and was currently being held at Toronto South Detention Centre, police attended and arrested the ACCUSED, where he was later released on a form 10 undertaking to attend Milton Court on the 22nd September 2020.

3. COLLEGE PARK

Occurrence #: 19-2303089

ACCUSED: Adam HOSSNY (1995.02.15)

CHARGE #1: CC 368 (1) (a) UTTER FORGED DOCUMENT / DATE: 2019.11.01 CHARGE #2: CC 368 (1) (a) UTTER FORGED DOCUMENT / DATE: 2019.11.09 CHARGE #3: CC 368 (1) (a) UTTER FORGED DOCUMENT / DATE: 2019.11.15 CHARGE #4: CC 368 (1) (d) POSSESS FORGED DOCUMENT WITH INTENT TO COMMIT SECTION 368(1)(A), (B) or (C) OFFENCE / DATE: 2019.11.19

VICTIM: SAM'S I.D.A. PHARMACY ADDRESS: 1920 YONGE STREET, TORONTO ONTARIO

Charge #1

On Friday, November 1st 2019, at 5:30 pm, the accused attended the I.D.A. Pharmacy located at 1920 Yonge Street, in the City of Toronto.

The accused was in possession of a forged prescription from Dr. Mary Claire Colleen Murphy for a patient in the name of Brittany M HUTCHINSON.

The medication on this prescription was for 29 tablets of Teva-Oxycocet 5 /325 MG and 12 tablets of Senokot 8.6 MG.

The accused provided his Ontario Driver's Licence with his photograph on it as a method of identification which is H6734 00809 50215 under the name of Adam HOSSNY.

This prescription was presented to the pharmacist Sami MIKHAEIL who attempted to verify the identification with Dr. Murphy's office but the office was closed.

The accused advised the pharmacist that he was picking up the medication for his girlfriend.

Subsequently the prescription was filled.

On November 20th 2019, a response was received from Dr. Murphy's office stating that Brittany M HUTCHINSON was not her patient and the prescription was forged.

Charge #2

On Friday, November 9th 2019, at 8:35 pm, the accused attended the I.D.A. Pharmacy located at 1920 Yonge Street, in the City of Toronto.

The accused was in possession of a forged prescription from Dr. Mary Claire Colleen Murphy for a patient in the name of Brittany M HUTCHINSON.

The medication on this prescription was for 25 tablets of Teva-Oxycocet 5 /325 MG and 10 tablets of Senokot 8.6 MG.

The accused provided his Ontario Driver's Licence with his photograph on it as a method of identification which is H6734 00809 50215 under the name of Adam HOSSNY.

The accused advised the pharmacist that he was picking up the medication for his girlfriend.

This prescription was presented to the pharmacist Natasha THALADI who subsequently filled the prescription.

On November 20th 2019, a response was received from Dr. Murphy's office stating that Brittany M HUTCHINSON was not her patient and the prescription was forged.

Charge #3

On Friday, November 15th 2019, during the evening, the accused attended the I.D.A. Pharmacy located at 1920 Yonge Street, in the City of Toronto.

The accused was in possession of a forged prescription from Dr. Mary Claire Colleen Murphy for a patient in the name of Brittany M HUTCHINSON.

The medication on this prescription was for 29 tablets of Teva-Oxycocet 5 /325 MG and 12 tablets of Senokot 8.6 MG.

This prescription was presented to the pharmacist Sami MIKHAEL who subsequently filled the prescription.

The accused advised the pharmacist that he was picking up the medication for his girlfriend.

The accused identified himself as the boyfriend of the patient Brittany and stated that his name was Adam. The accused also displayed a picture of Brittany M HUTCHINSON's Ontario Health Card on his phone and it was verified with the information on file at the pharmacy.

The accused stated that this medication was for pain in his girlfriend's thumb tendons and his girlfriend was receiving physiotherapy.

On November 20th 2019, a response was received from Dr. Murphy's office stating that Brittany M HUTCHINSON was not her patient and the prescription was forged.

Charge #4

On November 19th 2019, during the daytime, the accused attended the I.D.A. Pharmacy located at 1920 Yonge Street, in the City of Toronto.

The accused was in possession of a forged prescription from Dr. Mary Claire Colleen Murphy for a patient in the name of Brittany M HUTCHINSON.

The accused presented the prescription to the pharmacist Mariette AWAD.

Mariette AWAD took the prescription and noted that it was similar to the previous 3 prescriptions that was filled for the accused in a very short period of time and found it suspicious that the patient would be seeing the doctor on such a frequent basis.

Mariette AWAD told the accused that she would need to verify the prescription and attempted to contact the Dr. Murphy's office but the accused got upset with her.

The accused demanded Mariette AWAD return prescription back to him and she obliged by returning the prescription to the accused.

The accused then left the pharmacy.

Mariette AWAD then faxed the copy of the prescription received on November 15th 2019 to Dr. Murphy's office.

On November 20th 2019, a response was received from Dr. Murphy's office stating that Brittany M HUTCHINSON was not her patient and that the prescription was forged.

ACCUSED: Adam HOSSNY (1995.02.15)

CHARGE #1: CC 368 (1) (a) UTTER FORGED DOCUMENT / DATE: 2019.12.04 CHARGE #2: CC 368 (1) (d) POSSESS FORGED DOCUMENT WITH INTENT TO COMMIT SECTION 368(1)(A), (B) or (C) OFFENCE / DATE: 2019.12.12

VICTIM: APOTHECA COMPOUNDING PHARMACY ADDRESS: 417 SPADINA RD, TORONTO ONTARIO

Charge #1

On December 4th 2019, at 4:30 pm, the accused attended the Apotheca Compounding Pharmacy located at 417 Spadina Rd, in the City of Toronto.

The accused was in possession of a forged prescription from Dr. Jacob M BUKCZYNSKI for a patient in the name of Tonya Princess ERYSTHEE.

The medication on this prescription was for 30 tablets of Teva-Oxycocet 5 /325 MG and 10 tablets of Senokot 8.6 MG.

This prescription was presented to the pharmacist Claudia JANISZEWSKI who filled the prescription for the accused.

On December 5th 2019, Claudia JANISZEWSKI attempted to verify the prescription with Dr. BUKCZYNSKI's office.

On December 5th 2019, Dr. BUKCZYNSKI's responded and confirmed that this prescription was forged and that he did not have a patient by the name of Tonya Princess ERYSTHEE.

Charge #2

On December 12th 2019, during the daytime hours, the accused attended the Apotheca Compounding Pharmacy located at 417 Spadina Rd, in the City of Toronto.

The accused was in possession of a forged prescription from Dr Gabriele Adrian CIANFRONE for a patient in the name of Tonya Princess ERYSTHEE.

The medication on this prescription was for 30 tablets of Teva-Oxycocet 5 /325 MG and 10 tablets of Senokot 8.6 MG.

This prescription was presented to the pharmacist by the accused who stated that he would be back around 6:30 pm to pick up the prescription medication and then left the pharmacy.

The accused had identified himself with his Ontario Driver's Licence.

The pharmacists on duty recognized the accused as the same individual who attended their pharmacy on December 4th 2019 with a forged prescription.

The pharmacists contacted Police to report the incident and Police attended but the accused did not return to the pharmacy.

Subsequently the accused attempted to obtain prescription medication using a forged prescription but was unsuccessful at obtaining it on this occasion.

On June 9th 2020, at 6:41 pm the accused was arrested by Police and held pending a Show Cause Hearing.

The accused was identified positively as he is known to Police via his mugshot on file with the Toronto Police Service.

4. COLLEGE PARK

Charge #1: Seek Schedule 1 Substance CDSA 4(2)(a) Charge #2: Utter Forged Document CC 368(1)(a) Offence Date: Wednesday, March 18, 2020 Offence Location: 15 Ellesmere Road, Toronto

Charge #1: Seek Schedule 1 Substance CDSA 4(2)(a) Charge #2: Utter Forged Document CC 368(1)(a) Offence Date: Monday, March 23, 2020 Offence Location: 15 Ellesmere Road, Toronto

Synopsis

On Wednesday, March 18, 2020 the accused Adam HOSSNY attended at the Metro Pharmacy located at 15 Ellesmere Road, Toronto. While at this location the accused submitted a prescription to the pharmacist Michael NAWAR for 60 TEVA-OXYCOCET 5/325mg and 10 SENOKOT 8.6mg.

On Monday, March 23, 2020 the accused Adam HOSSNY re attended at the Metro Pharmacy located at 15 Ellesmere Road, Toronto. While at this location the accused submitted a prescription to the pharmacist Michael NAWAR for 60 TEVA-OXYCOCET 5/325mg and 10 SENOKOT 8.6mg.

Michael did not fulfill the prescriptions and told Adam that he would need to confirm the prescriptions with the prescribing doctors, Adam left. On Wednesday, March 25th, 2020 Michael was able to confirm that the prescriptions were in fact fraudulent and call the police to report the incident.

Officers attended and seized the prescriptions, conducted an investigation and obtained still photos of the Adam. At the time when Adam submitted the prescriptions he produced his Ontario Drivers licence as identification, Adam HOSSNY DOB 1995-02-15, licence # H 6734-00809-50215. At the time Adam had five outstanding warrants in the first for his arrest, a warrant was sought for this offence.

On Monday May 18th 2020 the accused was arrested for an unrelated offence and the warrant in the first came to light. The accused was transported to 53 Division and held for a Show Cause Hearing.

5. OLD CITY HALL

Occurrence #: 20-670747

Charge #1: Utter Forged Document CC 368(1) Charge #2: Fraud Under $5000 CC 380(1)(b) Date: Monday, March 23rd, 2020

Charge #3: Utter Forged Document CC 368(1) Charge #4: Fraud Under $5000 CC 380(1)(b) Date: Wednesday, March 27th, 2020

Charge #5: Utter Forged Document CC 368(1) Charge #6: Fraud Under $5000 CC 380(1)(b) Date: Wednesday, April 1st, 2020

Charge #7: Utter Forged Document CC 368(1) Charge #8: Fraud Under $5000 CC 380(1)(b) Date: Friday, April 3rd, 2020

Location: 292 Dupont Street, Toronto Victim: Shoppers Drug Mart

Synopsis for a Guilty Plea

On Monday, March 23rd, 2020 the accused attended Shoppers Drug Mart Pharmacy located at 292 Dupont Street, Toronto where he presented a prescription for 30 tablets for Teva-Oxycocet and 5 tablets for Senokot issued by Dr. Whun Yong SHIN located at 670 Bloor Street West, Suite 210, Toronto.

On Wednesday, March 27th, 2020 the accused attended Shoppers Drug Mart Pharmacy located at 292 Dupont Street, Toronto where he presented a prescription for 25 tablets for Teva-Oxycocet and 5 tablets for Senokot issued by Dr. Whun Yong SHIN located at 670 Bloor Street West, Suite 210, Toronto.

On Wednesday, April 1st, 2020 the accused attended Shoppers Drug Mart Pharmacy located at 292 Dupont Street, Toronto where he presented a prescription for 25 tablets for Teva-Oxycocet and 4 tablets for Senokot issued by Dr. Whun Yong SHIN located at 670 Bloor Street West, Suite 210, Toronto.

On Friday, April 3rd, 2020 the accused attended Shoppers Drug Mart Pharmacy located at 292 Dupont Street, Toronto where he presented a prescription for 20 tablets for Teva-Oxycocet and 4 tablets for Senokot issued by Dr. Whun Yong SHIN located at 670 Bloor Street West, Suite 210, Toronto.

Each time, the accused identified himself with a valid Ontario Driver's Licence bearing his photo. The accused would advise that these prescriptions were for his brother Najee Malanzo K BLAKE with an address of 11 Shallmar Blvd, Unit #109, Toronto who had been in an accident.

Pharmacist on duty was unable to verify the prescription and proceeded to dispense the prescriptions, believing it to be valid.

On April 6th, 2020, Dr. SHIN confirmed that the prescription for April 1st, 2020 was forged.

On April 29th, 2020, Dr. SHIN confirmed that the prescriptions for March 23rd, March 27th, and April 3rd, 2020 were forged as well.

On May 18th, 2020, The accused was arrested for an unrelated matter and taken to 53 Division where he will be held for a show cause hearing.

6. OLD CITY HALL (DOMESTIC)

Occurrence #: 19-388516

ACCUSED: Adam HOSSNY

CHARGE 1: Assault with a Weapon CHARGE 2: Assault with a Weapon DATE: Between January 15 and January 31, 2019

CHARGE 3: Assault CHARGE 4: Utter Threat CHARGE 5: Assault DATE: Between February 1 and February 15, 2019

CHARGE 6: Assault DATE: February 22, 2019

CHARGE 7: Assault DATE: March 2, 2019

VICTIM: Krystal MURRAY

Background

The victim and the accused met online approximately one year ago and soon after began dating. The two reside separately, and do not have any children together. There are no previous domestic incidents on file.

Synopsis

Between January 15 and January 31, 2019 the victim and the accused were at the victim's apartment located at 628 Fleet Street. The two were in the victim's bedroom when they began arguing over the victim's previous relationships. The accused proceeded to slap the victim across the face with an open hand. The victim then hit the accused back, and the two began wrestling on the ground. The accused picked up the victim's phone charger and began wiping the victim across the legs (CHARGE #1). The accused then picked up his switchblade and opened it. He grabbed the victim by the hair, pulling her head back, and placed the blade across the throat. The accused held it there for a short period of time, suggesting to the victim that she not move because the blade was sharp (CHARGE #2).

INJURIES: The victim sustained bruising to her legs.

Between February 1 and February 15, 2019 the victim attended the accused's apartment building located at 11 Shallmar Blvd, to return some of his belongings as the relationship had dissolved. The two were in the lobby of the accused's building, when the accused began demanding the victim answer why she was avoiding his phone calls. The victim advised that it was none of his business, at which time the accused punched the victim twice in the face. The victim fell to the ground and the accused began kicking her in the face and stomach. (CHARGE #3) The victim managed to flee out the front door of the building and run down the street. The accused, in pursuit, quickly caught up to the victim and dragged her into a nearby underground stairwell. He called the victim a slut and spat in her face. He told the victim that if she were to tell anyone what happened, that she would be dead in a week (CHARGE #4). The victim, fearful for her safety, again attempted to flee by running out of the stairwell and down the street. The accused again chased after her, caught up to her, and pushed her down onto the snow (CHARGE #5). The accused brought the victim back to his building, where the victim proceeded to clean up her blood from the floor.

INJURIES: The victim sustained a bloody nose and lip.

On February 22, 2019 the victim and the accused were in the victim's apartment. The accused was questioning the victim over her previous relationship and became jealous and agitated. He went through the victim's phone and began deleting some pictures that the victim has previously took of her injuries. The accused proceeded to straddle the victim on the ground, pinning her arms, and punched her repeatedly in the face and spit in her face.

INJURIES: The victim sustained a black eye.

On March 2, 2019 the victim attended the accused's residence to return a pendant that she had of his and to retrieve some belongings that the accused had of her. The victim refused to return the pendant until she got her belongings. The accused proceeded to push the victim against the wall and began a countdown from three (CHARGE #7) Fearful, the victim returned the pendant.

INJURIES: The victim did not sustain any physical injuries.

On March 2, 2019 the victim phoned police and attended 14 Division, where she provided a videotaped statement.

On Monday May 18th 2020 the accused was arrested for an unrelated offence and the warrant in the first came to light. The accused was transported to 53 Division and held for a Show Cause Hearing.

7. COLLEGE PARK

Occurrence #: 19-939191

ACCUSED: Adam HOSSNY

CHARGE 1: Utter Forged Document 368 (1)(a) DATE: Sunday, April 7, 2019 at 1:32 PM

CHARGE 2: Utter Forged Document 368 (1)(a) DATE: Wednesday, April 17, 2019 at 7:30 PM

CHARGE 3: Utter Forged Document 368 (1)(a) DATE: Wednesday, May 1, 2019 at 7:30 PM

CHARGE 4: Utter Forged Document 368 (1)(a) DATE: Wednesday, May 8, 2019 at 8:23 PM

CHARGE 5: Utter Forged Document 368 (1)(a) DATE: Wednesday, May 15, 2019 at 9:00 PM

CHARGE 6: Utter Forged Document 368 (1)(a) DATE: Saturday, May 18, 2019 at 7:30PM

LOCATION: 60 Carlton Street, in the City of Toronto.

Synopsis

On Sunday, April 7, 2019 at 1:32 PM the accused attended the pharmacy counter at Loblaws which is located at 60 Carlton St. in the City of Toronto. At this time he produced a prescription for 60 tablets of Teva-Oxycocet 5/325 mg and 10 tablets of Senokot 8.6 mg. The prescription appeared to be issued by Dr. Karan RALHAN of The Medical Practice Walk in Clinic.

The prescription was filled by a pharmacist, and the accused left. (charge #1)

On Wednesday April 17, 2019 at 7:30 PM the accused attended the pharmacy counter at Loblaws which is located at 60 Carlton St. in the City of Toronto. At this time he produced a prescription for 60 tablets of Teva-Oxycocet 5/325 mg and 10 tablets of Senokot 8.6 mg. The prescription appeared to be issued by Dr. Karan RALHAN of The Medical Practice Walk in Clinic.

The prescription was filled by a pharmacist, and the accused left (charge #2)

On Wednesday, May 1, 2019 at 7:30 PM the accused attended the pharmacy counter at Loblaws which is located at 60 Carlton St. in the City of Toronto. At this time he produced a prescription for 60 tablets of Teva-Oxycocet 5/325 mg and 10 tablets of Senokot 8.6 mg. The prescription appeared to be issued by Dr. Karan RALHAN of The Medical Practice Walk in Clinic.

The prescription was filled by a pharmacist, and the accused left (charge #3)

On Wednesday, May 8, 2019 at 8:23 PM the accused attended the pharmacy counter at Loblaws which is located at 60 Carlton St. in the City of Toronto. At this time he produced a prescription for 60 tablets of Teva-Oxycocet 5/325 mg and 10 tablets of Senokot 8.6 mg. The prescription appeared to be issued by Dr. Karan RALHAN of The Medical Practice Walk in Clinic.

The prescription was filled by a pharmacist, and the accused left (charge #4)

On Wednesday, May 15, 2019 at 9:00 PM the accused attended the pharmacy counter at Loblaws which is located at 60 Carlton St. in the City of Toronto. At this time he produced a prescription for 60 tablets of Teva-Oxycocet 5/325 mg and 10 tablets of Senokot 8.6 mg. The prescription appeared to be issued by Dr. Karan RALHAN of The Medical Practice Walk in Clinic.

The prescription was filled by a pharmacist, and the accused left (charge #5)

On Saturday, May 18, 2019 at 7:30 PM the accused attended the pharmacy counter at Loblaws which is located at 60 Carlton St. in the City of Toronto. At this time he produced a prescription for 60 tablets of Teva-Oxycocet 5/325 mg and 10 tablets of Senokot 8.6 mg. The prescription appeared to be issued by Dr. Karan RALHAN of The Medical Practice Walk in Clinic.

The prescription was filled by a pharmacist, and the accused left (charge #6)

On Thursday, May 23, 2019 the pharmacy manager became suspicious and called The Medical Practice Walk in Clinic to confirm the prescription. He was advised by staff that Adam HOSSNY has never been a patient at the clinic, and that Dr. RALHAN had never issued a prescription to this male. It was at this time the pharmacy contacted police to report the fraud.

On Friday, May 24, 2019 efforts were made to located the accused with negative results. A warrant in the first was subsequently taken out.

On Monday May 18th 2020 the accused was arrested for an unrelated offence and the warrant in the first came to light. The accused was transported to 53 Division and held for a Show Cause Hearing.

8. OLD CITY HALL (BREACH RECOGNIZANCE)

Occurrence #: 19-410395

DATE: TUESDAY MARCH 5TH 2019 TIME: 10:31PM LOCATION: 109-11 SHALLMAR BLVD ACCUSED: ADAM HOSSNY (95-02-15) CHARGE: CCC 145(3) FAIL TO COMPLY WITH RECOGNIZANCE

Background

On June 30th 2018 the accused was charged by Kingston Police Service for Aggravated Assault and Possess Weapon for Dangerous Purpose. He was released on a recognizance that stated:

RESIDE WITH SURETIES AMANI HOSSNY AND JASMINE HOSSNY AT ABOVE ADDRESS. NO ADDRESS CHANGE UNLESS WITH BAIL VARIATION. REMAIN IN RESIDENCE BETWEEN 10PM AND 6AM EXCEPT FOR MEDICAL EMERGENCIES OR UNLESS IN PRESENCE OF A SURETY.

Synopsis

On Tuesday March 5th 2019 at 10:31pm, police attended the accused's residence and spoke with his mother the surety. She advised the accused is not home and has not been for several days. She has also been unable to reach him by phone. Amani invited officers into her home to ensure the accused was not home. Police checked the residence and only found Amani and Jasmine, the two sureties at the address. Amani advised police that the accused does typically reside there as observed by a the hall closet filled with his clothes. By not being in his residence during curfew hours he failed to comply with his recognizance.

On May 18th, 2020 the accused was arrested for an unrelated matter and brought to 53 Division where he was held for a show cause hearing.

9. OLD CITY HALL

TIME: 1448 hours DATE: Monday, May 18, 2020 LOCATION: 550 Eglinton Avenue West, City of Toronto

CHARGE(S):

• Utter Forged Document CC 368(1)
• Seek Schedule I Substance CDSA 4(2)(a)

ACCUSED: Adam Hanny HOSSNY DOB: 1995-02-15 ADDRESS: 109 - 11 Shallmar Boulevard, Toronto, Ontario

VICTIM: Shoppers Drug Mart 550 Eglinton Avenue West

Synopsis

On Monday, May 18, 2020 the accused attended the Shoppers Drug Mart located at 550 Eglinton Avenue West in the City of Toronto. The accused presented a prescription for 30 tablets of Teva-Oxycocet and 8 tablets of Senokot issued by Dr. Whun Yong SHIN located at 670 Bloor Street West, Suite 210, Toronto.

The pharmacist on duty at this time recognized the accused from a previous occasion when the accused also attempted to fill a prescription. Due to the statutory holiday, the pharmacist was unable to verify the prescription. Based on her previous experience with the accused, the pharmacist called police to attend.

Officers arrived on scene and placed the accused under arrest for using a forged document. Further investigation revealed that the accused had fourteen warrants outstanding throughout the province. The accused was held in custody for a show cause hearing.

10. COLLEGE PARK

Occurrence #: 19-978677

ACCUSED: Adam HOSSNY

CHARGE: Utter Forged Document 368 (1)(a) DATE: Thursday, May 23, 2019 at 9:35 pm LOCATION: 465 Yonge St. in the City of Toronto

Synopsis

On Thursday, May 23, 2019 the accused attended the Pharmacy Counter at Shoppers Drug Mart which is located at 465 Yonge St. in the City of Toronto.

The accused proceeded to hand the pharmacist a prescription for 40 Tablets of Teva-Oxycocet.

Mr. HOSSNY identified himself with a digitized Ontario Health card which was inspected by Mr. SINGH, who works as a pharmacist at the above location. The identity was confirmed.

Staff began to suspect something was off, due to Mr. HOSSNY acting suspicious. The pharmacy decided to contact Dr. RALHAN who was the alleged prescribing doctor.

It was confirmed that this prescription was in fact a fraud and that Dr. RALHAN never issued this prescription.

The male left the store and did not return. This incident was captured on CCTV surveillance.

On Monday May 18th 2020 the accused was arrested for an unrelated offence and the warrant in the first came to light. The accused was transported to 53 Division and held for a Show Cause Hearing.

11. COLLEGE PARK (ROBBERY)

Occurrence #: 20-248560

CHARGES #1: Robbery C.C 343(a) CHARGES #2: Theft Under C.C 322(1) CHARGES #3: Extortion C.C 346(1) CHARGES #4: Uttering Threats C.C 246(1) CHARGES #5: Uttering Threats C.C 246(1) CHARGES #6: Fraud - Under C.C 380(1)

DATE/TIME: Tuesday, February 4th 2020 10:00 p.m. LOCATION: 21 Mayfair Ave, Toronto VICTIM: H.B. / Y.D. ACCUSED: Adam HOSSNY

Synopsis

On Tuesday, the 4th of February 2020, at approximately 10:00 p.m. the victim in this matter, met with the accused, to sell his cellphone via an online classified advertising service. The accused used this site where hundreds of thousands of people place their trust in each other each and every day to hunt for his victims. He spoke to a multitude of people that day via text, and it just so happened, that he chose this victim to rob.

Once the victim met with the suspect, they spent over an hour together speaking about the purchase of the victim's cell phone and the accused during that time, took a picture of the victim's driver's licence. The accused eventually brandished a knife, robbed the victim of his cell phone and made good his escape, (Charge # 1 and # 2 - Robbery and Theft - Under).

Shortly after the robbery, the accused began to send threatening text messages alluding to the fact that he had the victim's identification and knows where he lives in efforts not to have the phone blacklisted. His exact text message stated the following, "If u even think bout reporting dis or anyting big mon, dont forget who has ur addy. That includes blacklisting da shit. Cus if niggas just wasted all dis time for no reason... its coming, " (Charge # 3 and # 4- Uttering threats and Extortion)

The victim did not acquiesce to the accused demands and eventually reported the matter to police and blacklisted the phone.

The accused found out that the phone was blacklisted and this enraged him. He proceeded to send the victim a text message confronting him about going to the police and having the phone blacklisted. The accused then wrote the victim's address in the text message and stated that this was his last chance before he loses more than just a phone. He then went on to describe the victim's address, (Charge # 5 - Uttering threats)

When the accused realized that the victim was not going to reverse the blacklist, he then posted the stolen phone back on the on-line classified website and sold it to a new unsuspecting victim, knowing that the phone was stolen and blacklisted, (Charge # 6 - Fraud - Under).

On Tuesday, June 9th 2020 member of the Major Crime Unit executed a criminal code search warrant in relation to this investigation and arrested the accused. He was read his Right to Counsel and Cautioned. He was transported to 53 Division for processing.

During the execution of the warrant member were able to seize ALL items listed in the Appendix "A", further corroborating the charges before the court.

Identification

Production order results of the accused cell phone record from the number that he contacted the robbery victim from, revealed conversations that he had with another individual on his contact list. This conversation placed the accused in ownership of the phone number that contacted the victim the night of the robbery, (647) 671-4039. This phone number was associated with the phone that the accused had on him the day of his arrest.

After robbing to victim, the accused tried to intimidate the him into not reporting this incident to police and to not having the phone blacklisted. The victim did not acquiesce to the accused demands, and the accused subsequently posted the phone on an on-line sales platform. When the accused did so, police were able to tie the I.P address he used to post the stolen phone back to his current address, 109 - 11 Shallmar Ave via his modem I.P address. The accused also had an interaction with three separate witnesses the night of the robbery. All three witnesses including the victim, his friend, and another person who he met with that night in relation to the sale of a phone, ALL picked him out of a photo line-up. All three witnesses were able to recognize the accused and provide detailed descriptions of the male.

12. SCARBOROUGH

Occurrence #: 20-604965

ACCUSED: HOSSNY, ADAM DOB: 1995.02.15

CHARGE #1: UTTER FORGED DOCUMENT CHARGE #2: FRAUD UNDER

DATE: SATURDAY MARCH 14, 2020 TIME: 1839 HOURS LOCATION: SHOPPERS DRUG MART LOCATED AT 2330 KENNEDY RD, TORONTO

Background

The accused has a very lengthy history of prescription drugs fraud all over the GTA starting January 2019. Currently he is responsible for about 21 similar incidents in Toronto area only.

Synopsis

On the above mentioned date, time and location, the accused attended the pharmacy and dropped off a prescription for Anamaria ALVARADO. The prescription was written by Dr. Peter PANG of 3447 Kennedy Rd, Scarborough. (CHARGE #1)

About an hour later at about 1934 hours, the accused returned the pharmacy again and picked up the prescription drugs from the pharmacy. (CHARGE #2):

• SANDOZ-AMPHETAMINE XR 30 MG 30 CAPSULES
• TEVA-OXYCOCET 325/5MG 60 TABLETS

On duty pharmacist faxed the prescription to the prescribing doctor and did not receive an answer until the Monday March 16. The prescribing doctor, Dr. PANG indicated that the prescription was forged.

Video footage inside the pharmacy clearly recorded the incident of the offence.

On Tuesday June 9, 2020, Major Crime Officers of 53 Division executed a search warrant of the accused's residence.

The accused was arrested, read his rights to counsel and transported to 51 station held pending a show cause bail hearing.