His Majesty the King v. Luis Bello Reyes & Amir Habibzai

ONTARIO COURT OF JUSTICE

DATE: 2025 12 4

COURT FILE No.: 998-25- 12100626

B E T W E E N :

HIS MAJESTY THE KING

— AND —

LUIS BELLO REYES & AMIR HABIBZAI

Before Justice Pardeep Bhachu

Heard on November 26, 2025

Reasons for Judgment released on December 4, 2025

N. Lamphier .......................................................................................... counsel for the Crown

S. Stauffer .......................................................... counsel for the accused Luis Bello Reys

H. Bassi .................................................................. counsel for the accused Amir Habibzai

BHACHU J.:

OVERVIEW:

[ 1 ] One of the most vital assets anyone living in Canada owns in current times is their vehicle. We use our vehicles to accomplish daily tasks such as groceries, going to the bank or going to appointments. The fact is, owning a vehicle is necessary and relied upon by almost everyone. After a house, a vehicle is the next biggest purchase one can make. Many purchase vehicles for every day use, others purchase vehicles as a hobby, many purchase vehicles only after they are able to save enough money to make such a purchase.

[ 2 ] Imagine going to your car to start your day and your vehicle is gone from your driveway sometime overnight, imagine having to attend a doctor's appointment made well in advance but you have no means to get there now because your vehicle was taken by a thief. Imagine going on vacation or attending a child's tournament and parking your vehicle at a hotel only to find out sometime in the night hours, your vehicle is taken leaving you stranded and then trying to deal with the authorities and insurance in the aftermath. Unfortunately, these are not imaginary scenarios but ones that many Canadians are facing on a daily basis. One only needs to turn to the repeated headlines in the news of vehicles being stolen and offloaded to various ports in Canada and shipped overseas for profit. Closer to our local community, sadly one doesn't have to travel far to hear about vehicles being stolen from neighbourhoods, retail outlets and hotel parking lots from neighbours, family and friends.

[ 3 ] My colleagues not only locally, and across the province, but also across the country have written extensively about the prevalence of auto-thefts and called the problem an epidemic. I agree with this characterization. The statistics related to auto- thefts demonstrates a crisis in Ontario. The Insurance Bureau of Canada outlines that auto theft claims costs increased by 524% between 2018 and 2023. The Insurance Bureau of Canada also indicates that auto theft losses amounted to over $1.5 billion in 2023. Statistics also point to cities within Halton region being targeted for auto-thefts specifically Oakville where auto theft claim costs have risen by 513% from 2018 to 2023. Milton is listed in the top 10 Ontario cities that have seen an increase in auto theft claim costs in the same period of 1010%. These numbers are astronomical and hard to comprehend.

[ 4 ] In Ontario, law enforcement and prosecution agencies have responded to the call to stop the upward trend of these offences. It is encouraging that the Insurance bureau of Canada has released new data indicating that the theft frequency dropped slightly in the first 6 months of 2024 however the frequency still remains above historical trends.

[ 5 ] The Courts dealing with these offences have also responded in turn. The message is clear as one looks to the cases and sentences that judges are imposing across the province and the country. Higher penalties are being imposed to send the message to those engaged in this activity currently or to like-minded individuals that may want to become involved in an auto-theft ring, this conduct will not be tolerated and that the theft of automobiles is taken seriously.

FACTUAL BACKGROUND:

[ 6 ] Mr. Bello Reyes and Mr. Habibzai entered pleas of guilt to ten counts including offences of possession of stolen property, theft of motor vehicles, and breach of release orders. Upon entering a plea, a Pre-Sentence Report (hereafter "PSR") was ordered for both individuals.

[ 7 ] I will briefly outline the facts for the plea. There was an Agreed Statement of Fact filed consisting of 80 pages. This was marked as an exhibit on the plea.

[ 8 ] In October 2024, Halton Regional Police Service commenced an investigation in response to a large number of motor vehicle thefts from hotels in Burlington and Oakville, ON. The involved suspect vehicle was consistently described as a dark jeep Grand Cherokee.

[ 9 ] On January 6, 2025 the Jeep was located in the rear parking lot at 580 The East Mall in Etobicoke. It was determined that the VIN number on the Jeep was on file as stolen on October 11, 2024 from Peel Region. The plate attached to the Jeep was a fictitious plate. A tracking device was subsequently installed on the Jeep.

[ 10 ] Surveillance was conducted by the police and it was determined that Mr. Bello Reyes was the primary driver of the Jeep. Police were able to confirm that Mr. Bello Reyes had been working with Mr. Habibzai and a third individual named Mr. Ari in connection with 13 vehicle thefts from hotels in Halton, Peel and Toronto. All vehicles that were stolen were valued at over $5,000.00.

[ 11 ] The Modis operandi of the group involved the 3 individuals meeting at the Shoppers Drug Mart located at 600 the East Mall, Etobicoke where Mr. Habibzai would park his 2023 Black BMW 730i or his 2021 Black Audi and Mr. Ari would park his father's 2007 Red Mazda 3. All three parties would enter into the Jeep and then proceed to canvass hotels for vehicles to steal. When a prospective vehicle was located, the Jeep, according to the tracking data, would become stationary for approximately 25-35 minutes while the theft was occurring. The rear passenger window of the target vehicle would be smashed to gain entry and the accused persons would start to reprogram the targeted vehicle.

[ 12 ] Once reprogrammed, the stolen vehicle would be taken to a location to discard property and disable the GPS of the stolen vehicle. In the case at bar the two locations vehicles would be taken to included the Mississauga Golf & Country Club at 1725 Mississauga Road and the parking lot of 165 Galaxy Boulevard in Etobicoke. From that point the vehicles would be taken to a different location to "cool off".

[ 13 ] On February 20, 2025 investigators executed search warrants for Mr. Bello Reyes', Mr. Habibzai's and Mr. Ari's residences and vehicles. In relation to Mr. Bello Reyes and Mr. Habibzai items such as cell phones, re-programming kits, clothing, key/remote programmers, glass breakers, break and enter tools, portable jump starters and cash were located.

[ 14 ] At the time of the commission of these offences, Mr. Bello Reyes and Mr. Habibzai were bound by a release order with a condition to not communicate with each other directly or indirectly. It became clear through surveillance and phone downloads that Mr. Bello Reyes and Mr. Habibzai had repeated contact with each other therefore breaching the release orders. As a result of the investigation, Mr. Bello Reyes and Mr. Habibzai were arrested and remain in custody since the date of their arrests.

POSITIONS ON SENTENCE:

[ 15 ] Counsel presented a joint position on sentence for Mr. Bello Reyes. With respect to Mr. Habibzai, although the quantum of custody was joint, counsel for Mr. Habibzai argued that I should attribute custody past the statutory 1.5 enhancement for every day served for the days that Mr. Habibzai spent on lockdown and while being triple-bunked. Pre-sentence custody at the date of the submissions on sentencing was 280 days. As of the date of my sentence ruling, I calculate pre-sentence custody to be 288 real days. Applying the statutory Summers credit, both individuals will have served 432 days enhanced as pre-sentence custody.

Mr. Bello Reyes:

[ 16 ] Crown and counsel for Mr. Bello Reyes jointly suggest a sentence of just over 3 years in the penitentiary with a sentence going forward of 2 years plus 1 day. Taking into account the PSC and enhancement to be credited, the specific sentence will be a sentence of 3 years and 5.3 months or 1,291 days less PSC for Mr. Bello Reyes. Counsel provided lockdown records from Maplehurst Correctional Complex. Counsel jointly indicate that an additional .5 day should be granted as credit for the 256 days that Mr. Bello Reyes was triple bunked. By my calculation that would attribute 128 further days of PSC credit for Mr. Bello Reyes. Total PSC for Mr. Bello Reyes would then be 560 days PSC with enhanced credit. This would then mean from the date of sentence being imposed Mr. Bello Reyes would serve a further 731 days (or 2 years plus 1 day) going forward from today's date.

Mr. Habibzai:

[ 17 ] Crown and counsel for Mr. Habibzai proposed a joint position of 2.5 years custody. Mr. Habibzai also has 432 days enhanced at the Summers statutory allowance of 1:1.5 which he will be credited. Records from Maplehurst Correctional Complex were provided in support of counsels' request to attribute 2.5 days for each real day spent in custody. The Crown suggests .5 day should be granted for the 262 days that were spent triple bunked and to account for the conditions of the institution including days on lockdown.

VICTIM IMPACT

[ 18 ] Victim impact statements were prepared by three of the victims of the auto thefts in this case: William Sparks, Rita Smith and Cheryl Healey. All three victims describe not only what their vehicles meant to them on a practical level but also the effect they felt to their sense of safety and security as a result of the crimes committed. In my view, Mr. Sparks accurately states the impact on victims of auto theft in his VIS. I reproduce the following from his statement:

This experience has left us feeling violated, unsafe, and deeply unsettled. It is something we continue to carry with us every day. The individuals responsible did not just steal a vehicle – they took from us our sense of peace, security, and the treasured memories tied to the personal items that were inside .

[ 19 ] Rita Smith outlined that the vehicle stolen from her was purchased with her inheritance she received from her parents. She wrote:

My parents immigrated to this country, worked hard all their lives to provide a better life for their children. They never asked or received handouts. This has tarnished the joy from the fruits of their labour and that is unforgiveable. There is no excuse for the damage that has been done.

[ 20 ] Cheryl Healey was leaving on a vacation and parked her vehicle at a hotel overnight. She detailed the steps she had to take not only in trying to track her vehicle until the air tag was disabled in the vehicle, but the aftermath including finding her vehicle completely demolished and the stress of dealing with her insurance company afterwards. Cheryl Healey described that she and her husband saved up for their vehicle. In her VIS she writes

This car was our prize possession. My husband had dreamed about owning a Hellcat for the past ten years….To purchase this car, we curtailed frivolous purchases…eating out…and worked many hours overtime to save enough money. This was our only way to justify this vehicle purchase. It was our pride and joy.

[ 21 ] Suffice to say, the impact of these crimes will be felt by the victims much beyond the dates of the offences and I wish to thank these individuals for providing us their stories and talking about how these offences have real victims that suffer real consequences. Auto-thefts are not victimless crimes.

PERSONAL CIRCUMSTANCES OF THE OFFENDERS

[ 22 ] PSRs were ordered for both Mr. Bello Reyes and Mr. Habibzai. In addition, Mr. Bello Reyes filed an affidavit while Mr. Habibzai testified at the sentencing hearing viva voce .

Mr. Bello Reyes:

[ 23 ] The PSR provides a more fulsome background of Mr. Bello Reyes. Mr. Bello Reyes is 30 years old and has no criminal record. Mr. Bello Reyes' upbringing was tumultuous growing up witnessing a toxic relationship between his biological parents. He has a 5-year-old son. The mother of his child with whom he's had an on again off again relationship dealt with her own issues related to drug use that impacted their relationship. Sadly, Mr Bello Reyes also had to deal with his son being diagnosed with cancer in February of 2024. Mr. Bello Reyes rationalized his criminal behaviour because of the personal circumstances he was dealing with including his son's health and financial pressures to support his family. Mr. Bello Reyes took responsibility for his actions and acknowledged his actions were horrible. He also expressed remorse for the crimes he committed and acknowledge the impact of his actions on the victims. I note in court Mr. Bello Reyes echoed his remorse and emphasized that his actions hurt innocent victims.

[ 24 ] Mr. Bello Reyes also submitted an affidavit in which he outlined the conditions he was subjected to while in custody. These conditions included being triple bunked, subject to frequent lockdowns, and the violence around him. Notwithstanding the negative aspects of custody, Mr. Bello Reyes completed a number of programs for which certificates of completion were provided and made exhibits. This demonstrates that Mr. Bello Reyes has some insight into his behaviour and realizes there are areas that he needs to address and changes that need to be made to his lifestyle. Mr. Bello Reyes also enjoys the strong support of his family and friends.

Mr. Habibzai:

[ 25 ] Mr. Habibzai is 21 years old. He does not have a criminal record. The PSR provided background information that I have considered. Mr. Habibzai was physically abused by his father and watched his mother being abused at the hands of his father while growing up. At an early age he lived in a war zone in Afghanistan and recalls hearing bombs, sirens and witnessing human carnage on the streets. When he was 5 years old his parents left Afghanistan and moved to Canada in 2017.

[ 26 ] Mr. Habibzai completed his GED and worked for 2 years to save money so that he could attend college to study in an electrician program. While he did work when he was at school, he was laid off and was not gainfully employed since then.

[ 27 ] In the PSR, when asked about the offences, Mr. Habibzai minimized his involvement in the crimes he committed. He justified his actions as a response to being pressured to help his mother financially coupled with being unable to secure employment. By his own admission his involvement in the offences was a poor decision.

[ 28 ] Mr. Habibzai took the stand to testify at the sentencing hearing. He described being in custody as the worst experience of his life. He said he was treated like an animal. He testified to being triple bunked and not having access to showers routinely.

[ 29 ] Both Mr. Habibzai and Mr. Bello Reyes' experience in custody is not surprising as inmates frequently will echo the same comments about their experiences in jail. While being in jail is not meant to be an experience that is comfortable or without some level of hardship, I accept that due to over-crowding, staff shortages, facility management, access defence calls not being held when scheduled and the constant strain on custodial institutions to answer to the over 200 courthouses across the province, conditions in the jails can become particularly harsh.

PRINCIPLES OF SENTENCING AND ANALYSIS

[ 30 ] In my view the paramount sentencing principles are deterrence (both general and specific) and denunciation as outlined in section 718 of the Criminal Code . It is clear that with any sentence being imposed a strong message has to be sent to Mr. Bello Reyes and Mr. Habibzai specifically but also any other like-minded individuals that choose to engage in this type of criminal activity. The Courts and the public will not tolerate the ongoing occurrence of these type of offences no more.

[ 31 ] I am also mindful of the fact that a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. In accordance with section 718.2 of the Code I keep in mind the principles of totality and proportionality. I also remind myself that as Mr. Bello Reyes and Mr. Habibzai are first time offenders I must exercise the sentencing principle of restraint in determining a fit sentence.

[ 32 ] In R. v. Casseus , [2024] O.J. No. 5812 (O.C.J.) , at para 32 Justice Latimer speaks about this type of offence stating the following:

I take judicial notice of the following notorious fact – auto theft is a matter of pressing local and provincial concern. When proven, it is the obligation of the prosecution and the courts to deal with the matter appropriately, cognizant of all relevant considerations, including the public's need to have this conduct denounced and deterred.

[ 33 ] Crown counsel provided several cases outlining the ranges of sentences for auto- thefts. Several cases involve a similar number of thefts as the case at bar. They are helpful in determining whether I will accede to the largely joint positions put before me.

[ 34 ] In R. v. Draoui , in an unreported decision of the Ontario Court of Justice from Halton Region, Justice Crawford, on a plea of guilt, accepted a sentence of 2 years less a day plus 2 years probation. In that case Mr. Draoui was involved with several individuals from Quebec in targeting vehicles on private driveways in Ontario. The theft of approximately 4 vehicles was involved.

[ 35 ] In R. v. Chambers , in an unreported decision of the Ontario Court of Justice, Justice Hanna, on a plea of guilt, sentenced Mr. Hanna to a penitentiary sentence of 3 years for being involved in the theft of 14 vehicles.

[ 36 ] In R. v Risley , 1986 ABCA 20 , Justice McClung writing for the appellate court of Alberta, increased the sentence to one of 4.5 years in the penitentiary. Mr. Risley had plead guilty to 12 counts related to theft and possession of stolen vehicles. The Appellate court emphasized at paragraph 6 that "[o]rganized car theft is national scourge. Profits are substantial and more vehicles disappear each year." The original sentence was increased from 3 years custody to reflect the Court's concern with the ongoing nature of auto thefts.

[ 37 ] In R. v. Al-Hmidawi , in an unreported decision of the Ontario Court of Justice, Justice Fraser, after trial, sentenced Mr. Al-Hmidawi to 3 years custody for being involved in the theft and trafficking of multiple vehicles.

[ 38 ] Although the cases referenced are helpful, ultimately as with any sentencing exercise, each individual must be sentenced based on the specific factors present in the case before the court and tailored to their individual circumstances. It is helpful to examine the aggravating and mitigating factors to determine a fit and appropriate sentence.

[ 39 ] The aggravating factors are many in this case. The sophistication of the plan Mr. Bello Reyes and Mr. Habibzai engaged in in executing each of the thefts was elaborate. It required thought, time and pre-planning. These were not spur of the moment offences that were committed. This was a well executed plan between three individuals that included targeting vehicles in hotels, reprogramming the vehicles, taking the vehicles to a cooling location and then to shipping containers. All parties used aliases on their telecommunications to shield their true identities from being determined easily. There were multiple thefts with multiple vehicles that occurred during the offending period. When operating the stolen vehicles, they were operated in a dangerous manner on regularly used highways at speeds of 150km/h and higher. The investigation itself involved a significant commitment of police resources employing many investigative tools such as tracking warrants and physical surveillance, in addition to obtaining and viewing CCTV footage from businesses in order to determine who the accused persons were. Both Mr. Bello Reyes and Mr. Habibzai were found with tools to commit the thefts including programmers and glass breakers showing a significant attention to detail to ensure they had all the correct tools to commit the crimes. In addition, both individuals were bound by release orders and by communicating frequently by text or in person on multiple occasions, there was a blatant disregard for court orders demonstrated.

[ 40 ] In terms of mitigating factors, both individuals are young and without any prior criminal antecedents. They both entered a plea of guilt and demonstrated remorse for their actions not only through the PSR but in court as well. Both individuals show insight into their criminal behaviour and acknowledge the harm their actions caused the many victims of these offences. They both struggled with many factors in their past but also their current situations that led to the offences being committed. It appears financial motivation was a large part of the reason they turned to crime. Each indicate a plan in place once they have completed their custodial sentences which gives me hope for the rehabilitation of both Mr. Bello Reyes and Mr. Habibzai. Both individuals are also well supported by family and friends who attended each court appearance before me.

[ 41 ] As counsel propose joint positions for both Mr. Bello Reyes and Mr. Habibzai, I consider the well-established principle of accepting joint positions and the importance they play in our justice system. This principle is demonstrated in R. v. Anthony Cook , 2016 SCC 43 at para 25 . Experienced counsel before me have outlined a carefully crafted sentencing position for Mr. Bello Reyes and Mr. Habibzai and provided extensive sentencing materials in support of the same.

[ 42 ] By taking into account the totality of the factors in this case as they relate to both Mr. Bello Reyes and Mr. Habibzai, I find the joint positions advanced by Crown and counsel fairly take into account both the aggravating and mitigating factors specific to this case. In addition, the positions advanced by counsel appropriately addresses the principles of sentencing paramount to auto thefts.

[ 43 ] In sentencing both Mr. Bello Reyes and Mr. Habibzai to penitentiary sentences, I acknowledge the upward trend in sentencing for auto thefts and believe it is only with lengthy custodial sentences can the appropriate deterrence to commit such offences be achieved.

THE SENTENCES:

Mr. Bello Reyes

[ 44 ] Mr. Bello Reyes will be sentenced to a global 3 years and just over 5 months custodial sentence. Calculated in days Mr. Habibzai's sentence will be 1,291 days less Pre-Sentence custody of 560 days. Commencing today he will serve a sentence going forward of 731 days or 2 years plus 1 day.

Mr. Habibzai

[ 45 ] Mr. Habibzai will be sentenced to 2.5 years custody less PSC. Calculated in days, Mr. Habibzai will serve a total sentence of 910 days less PSC of 288 real days enhanced at Summers credit to reflect 432 days PSC plus an additional credit of .5 days for the 262 days he was triple bunked. In my view, this additional credit acknowledges the harsh conditions of being institutionalized as experienced by both Mr. Bello Reyes and Mr. Habibzai. Although crediting .5 a day for each day Mr. Habibzai was triple bunked is less than what counsel requested, considering the principle of parity with Mr. Bello Reyes' sentence and taking into account the sentence being one that is fit in the circumstances, in my view .5 credit is fair and reasonable. In total Mr. Habibzai will be given an additional credit of 131 days with total PSC to be marked as 563 days enhanced of pre-sentence custody. Going forward Mr. Habibzai will be serving 347 days from today's date.

[ 46 ] In addition there will be a forfeiture order made for all items seized during the investigation as indicated in the Agreed Statement of Fact. Further Mr. Habibzai will be forfeiting a 2022 BMW vehicle as proceeds of crime on consent.

Released: December 4, 2025

Signed: Justice P. Bhachu